Michelle Diffenderfer

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 U.S. Fish and Wildlife Service (FWS), the National Marine Fisheries Service (NMFS) and the Florida Fish and Wildlife Conservation Commission (FWC).

Client Alert: Federal WOTUS Guidance Updated – Jurisdiction Over Ditches Still Unclear, March 2025

Protecting Tribal Interests in Water: EPA Revisions to Clean Water Act Regulations, March 2025

Ripple Effects for Tribes After Court Cuts Agency Power, October 2024

Feds and Florida Face Off on 404 in Diverging Appeals, September 2024

Cross-Appeals Commence in Florida 404 Case, June 18, 2024

Got your Fill? The Section 404 Permit Confusion in Florida, June 1, 2024

Florida's 404 Program Denied Again, May 24, 2024

Florida Files Motion with the D.C. Circuit Court of Appeals to Revive the State 404 Program, April 30, 2024

Fate of Florida's 404 Program Heads to Appeals Court, April 18, 2024

Federal Judge Indicates He Will Confer with Parties on April 4th Before Deciding the Parameters of the Stay of Florida’s 404 Program, March 15, 2024

Florida Files Request for Limited Stay to Resume 404 Permit Program; Feds Counter That the Clean Water Act Does Not Allow for a Partial Program, February 27, 2024

Federal Judge Vacates Florida’s Assumption of EPA’s 404 Permitting Program based on Potential for Impacts to Listed Species, February 19, 2024

WOTUS Rule Update, October 2023

Governance Around Environmental and Climate Obligations, UKELA Annual Conference, June 2022

In Too Deep - Clean Water Regulations Can Make You Sink or Swim, March 2022

Hot Topics presented at the Canadian Bar Association National Energy, Environment and Resource Law Section and Department of Justice, December 2021

Women in Leadership, Florida Trend Magazine, November 2021

McGirt v. Oklahoma, National Water Forum Virtual Program, Moderator, January 2021

Environmental Compliance in the COVID-19 Pandemic, Canadian Bar Association Webinar, May 2020

Lake Okeechobee: In the Eye of Another Storm, American College of Environmental Lawyers Blog, March 2019

Lake Okeechobee and the Estuaries, presented at the Florida Chamber Environmental Permitting Summer School, 2016-2018

Hot Topics in Wetlands and Water, presented at the Local Government Law in Florida Conference, May 2017

EPA Clean Water Rule, presented at the American Bar Association Spring Conference, April 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 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 2015

New USEPA Report on Connectivity of Streams and Wetlands May Affect CWA Jurisdiction, Journal American Water Works Association, March 2014

Florida's New Crop: Is Water Farming For You?, Journal American Water Works Association, December 2013

Secondary and Cumulative Impacts Analysis and the Clean Water Act, Journal American Water Works Association, July 2012

Secondary and Cumulative Impacts Analysis in the Environmental Context for Assessing Environmental Damage, WestLaw Journal: Environmental, June 2012

Who Gets the Water? A Competition for a Limited Resource, Journal American Water Works Association, March 2012

Greenwashing: What Your Client Should Know to Avoid Costly Litigation and Consumer Backlash, American Bar Association's Natural Resources & Environment Publication, January 2011

Cumulative Impacts Analysis and Global Threats, presented at the American Bar Association’s Section of Environment, Energy and Resources Law Summit, October 2010

Greenwashing: A Guide to the Ethical Advertising of Green Products, Manatee Chamber of Commerce Current Magazine, December 2009

Two Tribes Embrace Green Development Practices for Off-Reservation Projects, American Bar Association’s Natural Resources & Environment Publication, October 2009

Florida Water Law: Limited Availability in the Land of Abundance, presented at the Water Sustainability Plenary AIChE Spring National Meeting, April 2009

Overview of Federal and State Wetlands Protection Regulations, Florida Water Law & Policy, CLE International, October 2007

The Winds of Change…Storming into the Future, presented at the Florida Association of Special Districts Annual Conference, June 2006

What is an ARNI and Why Should You Care?, American Bar Association's Natural Resources & Environment Publication, March 2003

Endangered Species Conservation Banking, March 2002

Evolving Issues in Eastern Water Law, January 2001

American Bar Association, Section of Environment, Energy and Resources, Executive Committee Member, 2024-2025; Past Chair

American College of Environmental Lawyers, Member

Seminole Coconut Creek Education Foundation, Secretary and Board Member

American Bar Foundation, Fellow

United Way, Women's Leadership Council

Homeless Coalition of Palm Beach County, Mayor's Ball Event Co-Chair, 2024

American Heart Association Southeast Region Go Red for Women Luncheon, Host Committee Member, 2024

City of West Palm Beach, Mayor’s Task Force for Racial and Ethnic Equality, Past Co-Chair

Leadership Florida, Cornerstone Class 33 (2014)

Leadership Palm Beach County, Class of 2000

Girls II Women, Inc., Past Chair

Chamber of Commerce of the Palm Beaches, Past Chair, 2011-2012

The Florida Bar, Environmental and Land Use Law Section, Past Chair, 2007-2008

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

Martindale Hubbell AV® Preeminent™ Peer Review Rated

Best Lawyers in America, Environmental Law, Government Relations Practice, Land Use and Zoning Law, Natural Resources Law, 2021-present; Lawyer of the Year in Environmental Law, West Palm Beach, 2023

Florida Super Lawyers, Environmental Law; Natural Resources Law; Land Use/Zoning Law, 2010-present

South Florida Legal Guide, Top Lawyer in Environmental Law, 2016-present

Lawdragon, Leading U.S. Environmental Lawyer, 2023-present

Leadership Palm Beach County, Leadership Excellence Award Recipient, 2022

YWCA of Palm Beach County, Dorothy Height Racial Justice Award Nominee, 2022

Women in Leadership, Florida Trend Magazine, November 2021

The Florida Bar Environmental and Land Use Law Section, Bill Sadowski Memorial Outstanding Service Award, 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, 2009-2012; 2014-2015; 2019

Who’s Who Legal Florida: Environment, 2020, 2022 and 2023

Florida Trend Magazine’s Legal Elite, Environmental and Land Use Law, 2011

The Chamber of Commerce of the Palm Beaches ATHENA® Award, 2008

Palm Beach Illustrated Magazine Top Lawyer, Environmental Law, 2018-present; Natural Resources Law, 2018, 2021-present; Land Use and Zoning Law, 2022; Energy Law, 2018, 2020-2021