Michelle Diffenderfer
President | West Palm Beach
Mrs. Diffenderfer assists landowners, businesses and governments with local, state and federal, environmental, natural resource and land development legal requirements. Michelle helps clients navigate these laws and regulations in the permitting of their land development and infrastructure projects.
Areas of Practice
Represents the Seminole Tribe of Florida as special environmental counsel, including land development, water rights and cultural resource issues.
Gains permitting and approvals for private development and public infrastructure projects involving complex issues related to wetlands, mitigation, threatened and endangered species, water quality, and drainage.
Represents landowners and governments in the review, preparation and comment on Environmental Assessments and Environmental Impact Statements pursuant to the National Environmental Policy Act.
Represents landowners and governments in the development, implementation and interpretation of Water Supply Policy, Plans, and Regulations.
Represents clients in due diligence, permitting and compliance issues with the South Florida Water Management District, Department of Environmental Protection, U.S. Army Corps of Engineers, Environmental Protection Agency (EPA), the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS).
Represents clients in the development of Biological Opinions, Habitat Conservation Plans and in the issuance of Incidental Take Permits and related consultation with the United States Fish and Wildlife Service (FWS), the National Marine Fisheries Service (NMFS) and the Florida Fish and Wildlife Conservation Commission (FWC).
Publications and Presentations
Hot Topics in Wetlands and Water, presented at the Local Government Law in Florida Conference, May 16, 2017
Lake Okeechobee and the Estuaries, presented at the Florida Chamber Environmental Permitting Summer School, July 2016 and 2017, July 20, 2016
EPA Clean Water Rule, presented at the American Bar Association Spring Conference, April 1, 2016
Clearer or More Confusing? Final Waters of the U.S. Rule Change Remains Murky, presented at the Florida Bar Environmental and Land Use Section Conference, January 1, 2016
Looking Out to Sea: Resurging Interest in Seawater Desalination Projects Face the Twin Specters of Technical Challenges and Permitting Complexity, American Bar Association, May 20, 2015
New USEPA Report on Connectivity of Streams and Wetlands May Affect CWA Jurisdiction, Journal of American Water Works Association, March 5, 2014
Florida's New Crop: Is Water Farming For You?, Journal of the American Water Works Association, December 4, 2013
Secondary and Cumulative Impacts Analysis and the Clean Water Act, Journal American Water Works Association, July 1, 2012
Secondary and Cumulative Impacts Analysis in the Environmental Context for Assessing Environmental Damage, WestLaw Journal: Environmental, June 1, 2012
Who Gets the Water? A Competition for a Limited Resource, Journal American Water Works Association, March 1, 2012
Greenwashing: What Your Client Should Know to Avoid Costly Litigation and Consumer Backlash, American Bar Association's Natural Resources & Environment Publication, Winter 2011, January 11, 2011
Cumulative Impacts Analysis and Global Threats, presented at the ABA Section of Environment, Energy and Resources Law Summit, October 30, 2010
Greenwashing: A Guide to the Ethical Advertising of Green Products, Manatee Chamber of Commerce Current Magazine, December 17, 2009
Two Tribes Embrace Green Development Practices for Off-Reservation Projects, Natural Resources & Environment, Fall 2009, October 1, 2009
Florida Water Law: Limited Availability in the Land of Abundance, presented at the Water Sustainability Plenary AIChE Spring National Meeting, April 29, 2009
Overview of Federal and State Wetlands Protection Regulations, Florida Water Law & Policy, CLE International, October 6, 2007
The Winds of Change…Storming into the Future, presented at the Florida Association of Special Districts Annual Conference, June 15, 2006
What is an ARNI and Why Should You Care?, American Bar Association's Natural Resources & Environment Publication, March 1, 2003
Endangered Species Conservation Banking, March 21, 2002
Evolving Issues in Eastern Water Law, January 18, 2001
Professional, Civic and Community Involvement
American Bar Association, Section of Environment, Energy and Resources, Budget Officer
American College of Environmental Lawyers, Fellow
Leadership Florida, Class of XXXIII
The Episcopal Church of Bethesda by the Sea, Clerk
American Bar Foundation, Fellow
United Way, Women's Leadership Council
Girls II Women, Inc., Past Chair
Chamber of Commerce of the Palm Beaches, Past Chair
The Florida Bar, Environmental and Land Use Law Section, Past Chair
Leadership Palm Beach County, Class of 2000
Legal Aid Society of Palm Beach County
Executive Women of the Palm Beaches
Florida Association of Environmental Professionals
Palm Beach County Bar Association
Caribbean Bar Association
Awards and Recognitions
Martindale Hubbell AV® Preeminent™ Peer Review Rated
Florida Super Lawyer, 2010-present
South Florida Legal Guide, Top Lawyer in Environmental Law, 2017-2019
The Florida Commission on the Status of Women, Florida Achievement Award, 2016
Families First of Palm Beach County, Harriet Goldstein Award, 2015
EmpowHER of the Palm Beaches, Palm Beach County’s Woman of Corporate Power, 2015
The University of Miami School of Law Alumni Achievement Award, 2014
The Palm Beacher Magazine, Women in Power, 2014
The Caribbean-American Democratic Club of Palm Beach County, Community Change Maker Award for Environmental Advocacy, 2013
Business Leader Magazine’s Women Extraordinaire Award, 2011
The International Who’s Who of Environmental Lawyers, 2009-2015
Florida Trend Magazine’s Legal Elite, Environmental and Land Use Law, 2011
The Chamber of Commerce of the Palm Beaches ATHENA® Award, 2008
Practices
Industries
Education
J.D., cum laude, University of Miami, School of Law, 1994
B.A., with honors, Brown University, 1990