2015 Summer Newsletter

In This Issue:

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Telsula C. Morgan Joins LLW  

Lewis, Longman & Walker, P.A. is pleased to announce that Telsula C. Morgan has joined the firm’s West Palm Beach office as an Associate. Morgan joins LLW from the Palm Beach County Health Department, and also previously served as Assistant State Attorney to the Seminole County Attorney’s Office.

Morgan has experience representing clients in both state and federal courts, and before administrative agencies and local governments. Her main practice areas include environmental and natural resources, health care and administrative, civil and appellate litigation.

Morgan is a member of the F. Malcolm Cunningham Bar Association, National Bar Association, and the Virgil Hawkins Bar Association. She is also an active member of the Judicial Nominating Procedure Committee, and Delta Sigma Theta Sorority. She received her Bachelor of Arts in English Literature from the University of Florida and earned her J.D. from Florida Agricultural & Mechanical College of Law. She can be reached at (561) 640-0820 or at tmorgan@llw-law.com.

Andrew Baumann Receives Board Certification from the Florida Bar

LLW attorney Andrew J. Baumann recently earned Board Certification from The Florida Bar.   Andrew Baumann received Board Certification in State and Federal Government and Administrative Practice.

Of more than 84,000 licensed attorneys in Florida, only about seven percent of all lawyers are recognized as specialists in one or more of the 24 certification areas. Board certification is the highest level of recognition by the Florida Bar of the competency and experience of attorneys in the area of law approved by the Supreme Court of Florida. Board certified attorneys are the only Florida lawyers allowed to identify or advertise themselves as specialists or experts in their field. For more information about Florida Bar Board Certification, visit www.floridabar.org .

Cleanup Rules Receiving a Facelift

Chapter 62-780 (“780”) of the Florida Administrative Code was adopted in 2005. This Chapter presents the rules to prevent adverse effects on human health, public safety, and the environment that may be caused by contaminants that have been released or discharged into the environment. The Chapter was designed to implement the risk‑based corrective action provisions of Section 376.30701(2), Florida Statutes, which passed in 2003, and provide more flexibility in conducting protective, cost-effective cleanups. After ten years of operating under the 2005 rule, the words “flexibility” and “cost-effective” would probably not get the majority vote as descriptive terms that best characterize the cleanup process in our state. On June 15, 2015, the Florida Department of Environmental Protection (“Department”) announced rulemaking for 780 and Chapter 62-777, F.A.C. (“777”) to memorialize lessons learned since 2005 and improve the efficiencies in the state’s site rehabilitation process. SeeFAR Vol. 41, No. 115 (June 15, 2015).

The Risk Assessment rule, Rule 62-780.650, F.A.C., was adjusted in June of 2013, largely in response to a 2011 petition to initiate rulemaking lodged by the Associated Industries of Florida. Other than that change and the rule merger of 2012, Florida’s cleanup rules have remained stable for over a decade. Over this time, progress has been made in both the technical and legal approaches to site cleanups and closure. Understandably, 780 now has to catch up. Based on a review of the draft of the new rule and the Department’s notice of rulemaking, the Department is initially focusing on the following topics as being critical to the rule evolution:

  1. Revision of the definition of free product (released contamination which is not adsorbed to soil or dissolved into groundwater) and its management and consideration for closures;
  2. The separation of Emergency Response Action and Interim Source Removal protocols into two distinct provisions;
  3. The inclusion of Incremental Sampling Methodology (which can be described as an exposure unit composite sample) as a tool in the assessment toolbox to increase the cost effectiveness of soil contamination assessments;
  4. Revision of the current application of the leachability criteria; and
  5. The application and use of apportionment with regard to the combined effects of multiple contaminants.

A copy of the proposed rule and other rule workshop materials can be accessed from the Department Division of Waste’s main webpage: http://www.dep.state.fl.us/waste/.

Chapter 62-777, F.A.C. acts as the companion rule to 780. Many refer to 777 as the Cleanup Target Levels or CTLs . However, most people do not realize that 777 contains a number of equations and variables which are used to derive the default CTLs that in many cases dictate site assessment and cleanup. Since 2005, researchers have performed multiple exposure studies. Armed with updated knowledge of improved methods, a think tank led by the Department known as the Contaminated Media Forum (“CMF”) is analyzing the most reasonable approach to revising this critical rule and its contents. None of us want to go back to the day when assessment dragged on indefinitely due to arsenic concentrations in soil that exceeded 0.8 milligrams per kilogram. Based on the first meeting of the CMF and the Department’s notice, the Department is sensitive to conservatism unintentionally leading to cost prohibitive site assessments and cleanups. However, the Department remains mindful of its charge to deem site rehabilitation complete at a point when the health of all people is protected “under actual circumstances of exposure.” Fla. Stat. §376.30701.

It took about six years for the Department to adopt 777 in its current form that has been referenced for over a decade, so it is unlikely to expect all stakeholders to agree to critical revisions within this calendar year that could govern until 2025. Updates to 780, which may be less controversial and require less algebra, may occur more readily so that some new tools can quickly become available and be used in the site rehabilitation process.

The Department is receiving comments on the proposed rules until August 31, 2015 and a second rule workshop is anticipated in the fall. Meetings of the CMF and breakout work groups are more frequent (and less formal). Should you have any questions regarding the proposed new requirements of Chapters 777 and 780, please feel free to contact us:  Joe Ullo, Tallahassee Office, 850-222-5702, Alfred Malefatto, West Palm Beach Office, 561-640-0820, or Dennis Stotts, Tampa Bay Office, 941-708-4040.

Eight LLW Attorneys Named 2016 Best Lawyers by U.S. News Media Group and Best Lawyers

Eight Lewis, Longman & Walker attorneys have recently been selected by their peers for inclusion in The Best Lawyers in America© 2016 by U.S. News Media Group and Best Lawyers®. Additionally, Terry E. Lewis, Stephen A. Walker and Wayne E. Flowers have been named 2016 Lawyers of the Year. Below is the comprehensive list:

  • Terry E. Lewis – 2016 Lawyer of the Year, Environmental Litigation (West Palm Beach) and 2016 Best Lawyer in the areas of Environmental Law and Environmental Litigation
  • Stephen A. Walker – 2016 Lawyer of the Year, Environmental Law (West Palm Beach) and 2016 Best Lawyer in the areas of Environmental Law and Environmental Litigation
  • Wayne E. Flowers – 2016 Lawyer of the Year, Environmental Law (Jacksonville) and 2016 Best Lawyer in the areas of Water Law, Environmental Litigation and Environmental Law
  • Anne Longman – Environmental Law; Environmental Litigation
  • Alfred J. Malefatto – Environmental Law
  • R. Steven Lewis – Environmental Law; Environmental Litigation
  • James W. Linn – Employee Benefits (ERISA) Law; Employment Law – Management
  • Brenna M. Durden – Real Estate Law, Real Estate Litigation, Land Use and Zoning Law

Best Lawyers and Lawyer of the Year rankings are determined by a combination of hard data, peer reviews and client assessments. Rankings are distributed as a standalone publication to 30,000 general counsel and in digital format to 58,000 private practice lawyers worldwide.

Best Lawyers® is the oldest and most respected peer-review publication in the legal profession. The online publication is estimated receive 10 million viewers this year and Best Lawyers has firmly established itself as a premiere legal referral source.

The 2016 edition of The Best Lawyers in America© includes 54,488 lawyers covering all 50 states and the District of Columbia and is based on more than 5.5 million detailed evaluations of lawyers by other lawyers. Best Lawyers® lists are excerpted in a wide range of general interest, business and legal publications worldwide, reaching an audience of more than 17 million readers. For more information on “Best Lawyers” rankings, visithttp://www.bestlawyers.com/default.aspx.

Lori Killinger  Named 2015 Florida Legal Elite

Lori Killinger was recently named Legal Elite by Florida Trend Magazine. The select group of 2015 Florida Legal Elite earned the prestigious title by votes cast by colleagues from across the state. This year’s list of Florida Legal Elite represents less than two-percent of attorneys in the state of Florida.

Lori Killinger was selected as a Legal Elite in the area of Government and Administrative Law. Ms. Killinger’s law and lobbying practice spans 27 years during which she has been a private practitioner, worked as Assistant General Counsel for the Florida Department of Environmental Protection and then as Chief Attorney for the Florida House of Representatives, Committee on Judiciary. Ms. Killinger spear-headed the Late Governor Chiles’ Building Codes Study Commission and worked as an in-house lobbyist for a major trade association. Currently, Ms. Killinger’s practice focuses on Legislative, Administrative, and Governmental representation. She is Chair of the firm’s Legislative, Lobbying and Governmental Affairs Practice Group and represents clients before the Legislative and Executive Branches of Florida’s government, regulatory agencies at the state and local levels, the Florida Cabinet, and Legislative and Gubernatorial Commissions. She can be reached at (850) 222-5702 or atlkillinger@llw-law.com.

For more information about Florida Legal Elite, visit www.floridatrend.com/legal-elite

Seth Behn Selected for Leadership Palm Beach County

Seth Behn has been accepted into the 2016 Leadership Palm Beach County Program. Mr. Behn was among forty other motivated, informed and diverse professionals who were chosen for their leadership and service within Palm Beach County and beyond. LLW Shareholders Michelle Diffenderfer, Andrew Baumann, Tara Duhy, Julia Jennison, and Kenneth Dodge are graduates of Leadership Palm Beach County. Leadership Palm Beach County, Inc., is an educational, nonprofit organization designed to foster awareness of community issues. The organization unites leaders from diverse backgrounds and perspectives in order to increase their understanding of countywide issues and improve their ability to lead effectively. The 10-month Leadership Program brings class members to significant sites throughout the county to meet with community leaders and gain hands-on experience with major industries and issues.

Leadership Palm Beach County, Inc., is an educational, nonprofit organization designed to foster awareness of community issues. The organization unites leaders from diverse backgrounds and perspectives in order to increase their understanding of countywide issues and improve their ability to lead effectively. The 10-month Leadership Program brings class members to significant sites throughout the county to meet with community leaders and gain hands-on experience with major industries and issues.

Mr. Behn’s practice focuses on environmental law, real estate and litigation. He assists clients with land use and land development matters, and helps them navigate through the government approval processes. Mr. Behn earned a Bachelor of Fine Arts and a Masters in Urban and Regional Planning from Florida Atlantic University. He earned a Juris Doctor from Nova Southeastern University in 2014.

Rachael Santana Elected to Florida Bar ELULS Executive Council

Rachael Santana has been elected to the Florida Bar Environmental and Land Use Law Section (ELULS) Executive Council. The Section is dedicated to serving the interests of over 2,000 members and affiliates through educational programs and publications that increase the knowledge and understanding of environmental and land use law.

Mrs. Santana’s practice focuses on permitting and litigation in the areas of water resources, environmental, and land use law. She represents public and private clients on environmental, water resources and land use issues. Mrs. Santana earned her Bachelors of Arts & Science degree in English and Anthropology, cum laude, from the University of Florida, and her Juris Doctor, from the University of Florida, Levin College of Law. Mrs. Santana has a Certificate of Environmental and Land Use Law from the University Of Florida Levin College Of Law. Mrs. Santana can be reached at rsantana@llw-law.com or at (561) 640-0820.

Robert Diffenderfer Elected Chair of the Pine Jog Environmental Education Center Board of Directors

Robert Diffenderfer was recently appointed as the Chair of the Pine Jog Environmental Education Center Board of Directors.  Pine Jog is an environmental education center with the purpose of developing, providing and modeling environmental education programs which foster an awareness and appreciation of the natural world, promote an understanding of ecological concepts and instill a sense of stewardship toward the Earth and its inhabitants. The Pine Jog Environmental Education Center is one of the oldest nature centers in the nation serving over 25,000 students, 750 teachers, and 12,500 families annually from Palm Beach County and other surrounding counties.  The Pine Jog Board of Directors is responsible for policy development, strategic planning, financial monitoring, and fundraising to support the annual budget. Visit www.pinejog.fau.edu for more information about the Pine Jog Environmental Education Center.

Mr. Diffenderfer is a long-time board member of the Pine Jog Environmental Education Center, a prior chair, and the former Vice-Chair Elect of the Board of Directors.  He can be reached at (561) 640-0820 or atrdiffenderfer@llw-law.com.

LLW Shareholders Recognized as 2015 Super Lawyers and Rising Stars

Terry Lewis, Stephen Walker, Michelle Diffenderfer, and Alfred Malefatto have been selected as 2015 Florida Super Lawyers in the area of Environmental Law. Anne Longman has been selected as a Florida Super Lawyer in the area of Administrative Law and Wayne Flowers has been selected as a 2015 Florida Super Lawyer in the area of Environmental Litigation.

These LLW Shareholders share the Super Lawyer designation with only 5% of the attorneys in Florida. Florida Super Lawyers are nominated by fellow attorneys who have personally observed them in action, whether as opposing counsel, co-counsel or through other firsthand observations in the courtroom. The background and professional achievement of each candidate are researched before the final decision is made to include the attorneys in this list.

Additionally, Shareholders Tara Duhy has been named 2015 Rising Stars in the area of Environmental Law. Super Lawyers selects its Rising Stars using peer nominations in combination with third party research. Each candidate is 40 years old or younger, or in practice for ten years or less, and is evaluated on twelve indicators of peer recognition and professional achievement. For more information, visit www.superlawyers.com.

Julia Jennison Appointed to the Literacy Coalition of Palm Beach County Board of Directors

Lewis, Longman & Walker, P.A. Shareholder Julia L. Jennison was recently appointed to the Board of Directors of the Literacy Coalition of Palm Beach County.

The Literacy Coalition of Palm Beach County is a nonprofit organization that is dedicated to improving the quality of life in the community by promoting and achieving literacy. In Palm Beach County 1 in 7 adults lacks basic literacy skills. Through extensive outreach and collaboration with a network of community partners, the Literacy Coalition strives to ensure that individuals who need to improve their literacy skills receive the help they need. For more information, visit www.literacypbc.org.

Ms. Jennison’s practice focuses on environmental, land use, water resources, sustainability and real estate law. She works with clients on state and federal environmental resource permitting, state consumptive use permitting, mitigation banking and endangered species matters. Specifically, she represents clients before local, state and federal agencies on wetland and water supply permitting and land use and zoning. She represents clients on federal and state rule-making and legislative issues involving wetlands, water resource development, water quality, and water supply. She also represents clients in all aspects of real estate transactions, including due diligence and the environmental aspects of real estate transactions and is actively involved in the Real Property, Probate and Trust Law Section of the Florida Bar. Ms. Jennison has also assisted in strategy development and securing over $3.8 Million in grant funding for green & sustainable projects and programs. She can be reached at (561) 640-0820 or jjennison@llw-law.com.

Firm News

Michelle Diffenderfer, Robert Diffenderfer and Alfred Malefatto have been selected for inclusion in the Who’s Who Legal: Environment 2015. The Who’s Who of Environmental Lawyers is an annual publication recognizing lawyers nominated by clients and peers. Nominees for Who’s Who of Environmental Lawyers were selected based upon comprehensive, independent survey work with both general counsel and environmental lawyers in private practice worldwide. The Who’s Who of Environmental Lawyers recognizes private practice lawyers with a track record in providing advice to clients in transactional, litigation and regulatory matters. For more information, please visitwww.whoswholegal.com.

Chris Blackwell was selected to serve as Parliamentarian of the Palm Beach County Chapter of the Paralegal Association of Florida.  The Paralegal Association of Florida is the largest and oldest statewide association in Florida.  Click here for more information about the Paralegal Association of Florida.

LLW is sponsoring the Manufacturers Association of Florida 12th Annual Summit & Marketplace held November 4-6, 2015 in West Palm Beach.  The Manufacturers Association of Florida is an advocacy association organized to improve the business climate for manufacturers in Florida. Click here for information.

LLW will be an exhibitor at the First Coast Manufacturers Association Summit on October 8-9, 2015 in St. Augustine. Wayne Flowers, Sean Alveshire and Kellie Erlacher will participate in the event. Click here for more information.

LLW is sponsoring the Cards for a Cure event held October 3, 2015 in Tallahassee. Proceeds from the event support the Tallahassee Memorial HealthCare Foundation. Click here for more information.

LLW is sponsoring the Florida American Planning Association (APA Florida) Annual Conference held September 8-11, 2015 in Hollywood. APA Florida is a non-profit organization of professionals, students, and allied professionals providing vision and leadership for the future development and redevelopment of Florida communities. Click herefor more information about the conference.

LLW is sponsoring the Florida Association of Environmental Professionals on September 24-25, 2015 in Palm Beach Gardens. Tara Duhy will give a presentation on legal issues in environmental permitting and land use. FAEP promotes technical excellence, ethical practice and community awareness. Kathryn Rossmell is a board member of the Treasure Coast Chapter of FAEP. Click here for more information.

LLW is sponsoring the South Florida Manufactures Association Annual Meeting on September 10, 2015 in Coral Springs. Alfred Malefatto and Steve Walker will participate in the meeting. Click here for more information.

The Florida League of Cities Annual Conference was held August 13-15th in Orlando.  Jim Linn gave a presentation titled 2015 Police Officer and Firefighter Pension Law at the conference.  The Florida League of Cities is considered the united voice for Florida’s municipal governments.  Click here for more information about the Florida League of Cities.

The Florida Onsite Wastewater Association Conference was held July 30th-August 1st in Orlando.  Matt Taylor gave a presentation titled Updates in Florida Construction Lien Law, Municipal Projects, and Bonded Projects and Kevin Hennessy gave a presentation titled Onsite Wastewater Regulation in Florida.  LLW was a proud sponsor of the event.  Click here for more information.

The Florida Airports Council Annual Meeting was held July 26-29th in Boca Raton.  The Florida Airports Council is the largest airport-specific organization in Florida.   Bob Diffenderfer and Sean Alveshire participated in the conference.  LLW was a proud sponsor. LLW also sponsored the FAC Committee Meeting on June 25th in Orlando.  Click here for more information.

The Floridians for Better Transportation 2015 Transportation Summit was held July 22-24th in St. Augustine.  The Floridians for Better Transportation is a statewide business and transportation association dedicated to making transportation safer and more efficient in Florida.   Bob Diffenderfer participated in the event and LLW was a proud sponsor.  Click here for more information.

Terry Lewis, Seth Behn, Chris Lyon, Lori Killinger, Brenna Durden, Jack McWilliams, Wayne Flowers, Jennifer Cowan and Glenn Thomas participated in the 2015 Florida Association of Special Districts (FASD) Annual Conference held June 22-25th in Ponte Vedra Beach.  Chris Lyon and Terry Lewis gave a Legislative Update, Glenn Thomas gave a FRS Update and Lori Killinger gave a presentation on Election Law. Terry Lewis wrote and acted in a Mock Board Meeting at the conference.   LLW was a proud sponsor of the conference.   Click here to read more information about the Florida Association of Special Districts.

The 27th Annual Big Bend Saltwater Classic was held June 19-21st in Tallahassee.  All of the proceeds from the event were used to expand and develop a system of artificial reefs in the Northeastern Gulf of Mexico.  Chris Lyon participated and LLW was a proud sponsor.  Click here for more information about the event.

LLW sponsored the Tallahassee Memorial Hospital 10th Annual Ride for Hope event held on June 12th in Tallahassee.  Proceeds from the event supported the Tallahassee Memorial Hospital Cancer Center.  Click here for more information about the event.

Brenna Durden and Michelle Diffenderfer participated in the Leadership Florida Annual Meeting held June 11-14thin St. Petersburg.  Click here for more information about the Leadership Florida Annual Meeting.

Brenna Durden participated in the Urban Land Institute Florida Summit held June 4-5th in Orlando.  The mission of ULI is to provide leadership in the responsible use of land and in creating and sustaining thriving communities worldwide.  Click here for more information.