Mr. Malefatto has been practicing environmental, land use and administrative law in Florida since 1980. He has represented Fortune 500 companies, developers, home builders, small businesses, and local governments in a variety of environmental permitting, enforcement and transactional matters, and in all manner of Florida land use proceedings.
Areas of Practice
Represents private and public sector clients in a variety of environmental permitting, enforcement and transactional matters, and in all manner of Florida land use proceedings.
Manages a broad range of projects and activities including land use and environmental approvals for all types of development projects, brownfields redevelopment, contaminated property remediation and the defense of environmental enforcement actions by local, state and federal governmental agencies.
Guides clients involved in corporate and real estate transactions through necessary due diligence evaluations.
Extensive experience in advising clients in property/site contamination clean up.
Publications and Presentations
Institutional Controls: state of the practice and future developments, presented at the Florida Chamber’s Environmental Permitting Summer School, July 2017
Recent Developments for Pollution Reporting in Florida, co-authored with Christopher D. Johns, May 2017
New USEPA Report on Connectivity of Streams and Wetlands May Affect CWA Jurisdiction, Journal of American Water Works Association, March 2014
Environmental Issues for Real Estate Attorneys, Palm Beach County Bar Association Real Estate Seminar, September 4, 2013
Professional, Civic and Community Involvement
Urban League of Palm Beach County, Board Member, 2010-Present
Friends of the Gale Academy of Environmental Science and Technology, Inc., Forest Hill High School in West Palm Beach, Board Member, 1996-present, President, 2009-2011
The Forum Club of the Palm Beaches, Board Member, 2000-2010; President, 2007-2008
Environmental and Land Use Law Section of The Florida Bar, Executive Council, Member, 1985-1993; served as Section Chairman from 1991-1992
Board of Treasure Coast Regional Planning Council, Gubernatorial Appointee, 1984-1986
Previous Professional Experience
Greenberg Traurig, Shareholder, 1991-2012
Shapiro & Bregman, Shareholder, 1988-1991
Wolf, Block, Schorr & Solis-Cohen, Associate, 1983-1988
Assistant General Counsel at the Florida Department of Environmental Regulation (now Florida Department of Environmental Protection), 1980-1983
Regional Planner, Treasure Coast Regional Planning Council, 1980
Representative Court Decisions
Successfully advised local government in redevelopment of abandoned golf course with environmental contamination issues into a very popular regional park.
Oversaw environmental remediation and redevelopment of hi-tech manufacturing facility to a mixed-use office and commercial park.
Represented major energy company in obtaining land use and environmental approvals for two electric generation facilities.
Successfully negotiated favorable settlement of federal and state natural resource damage claims resulting from phosphogypsum release into Tampa Bay.