Mr. Malefatto has been practicing environmental, land use and administrative law in Florida since 1980. He has represented Fortune 500 companies, entrepreneurs, developers, home builders, retailers, small businesses, local governments and special districts.
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.
Works closely with land use planners, landscape architects, and engineering firms to obtain land use approvals and development entitlements for developers, home builders, retailers and others.
Publications and Presentations
Moving Toward Reopening Government, LLW Lunch & Learn, June 2020
Frequent speaker on environmental law topics at the Florida Chamber of Commerce the Florida Bar, and other organizations
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, presented at the Florida Environmental Health & Safety Roundtable, May 2017
New USEPA Report on Connectivity of Streams and Wetlands May Affect CWA Jurisdiction, Journal American Water Works Association, March 2014
Environmental Issues for Real Estate Attorneys, Palm Beach County Bar Association Real Estate Seminar, September 2013
Professional, Civic and Community Involvement
Urban League of Palm Beach County, Board Member, 2010-present.
Central Palm Beach County Chamber of Commerce, Board Member, 2015-present.
Friends of the Gale Academy of Environmental Science and Technology, Inc. at Forest Hill High School in West Palm Beach, Board Member, 1996-present, President, 2009-2011, 2019.
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; Chairman, 1991-1992.
Treasure Coast Regional Planning Council, Gubernatorial Appointee, 1984-1986.
Martindale Hubbell AV® Preeminent™ Peer Review Rated.
Florida Super Lawyer, 2007-2009, 2013-present.
Listed in Best Lawyers in America, Environmental Law, 2006 to present, Lawyer of the Year in Environmental Law, West Palm Beach, 2014.
Listed, Chambers and Partners USA Guide, an annual listing of the leading business lawyers and law firms in the world, 2003-present.
The International Who’s Who of Environment Lawyers, 2012-present.
Who’s Who Legal Florida, Environment, 2020
Palm Beach Illustrated Magazine Top Lawyer, Land Use and Zoning Law, 2018-2019, Environmental Law, 2018.
Previous Professional Experience
Greenberg Traurig, Shareholder, 1991-2012.
Shapiro & Bregman, Shareholder, 1988-1991.
Wolf, Block, Schorr & Solis-Cohen, Associate, 1983-1988.
Florida Department of Environmental Regulation (now Florida Department of Environmental Protection), Assistant General Counsel, 1980-1983.
Treasure Coast Regional Planning Council, Regional Planner, 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 a hi-tech manufacturing facility to a mixed-use office and commercial park.
Successfully negotiated favorable settlement of federal and state natural resource damage claims resulting from phosphogypsum release into Tampa Bay.
Oversaw land use approvals for high end home furnishings gallery and restaurant at new landmark location in West Palm Beach.