Michelle DiffenderferPresident/Shareholder | West Palm Beach
Co-Chair of: Native American Law
President/Shareholder | West Palm Beach
Co-Chair of: Native American Law
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 U.S. Fish and Wildlife Service (FWS), the National Marine Fisheries Service (NMFS) and the Florida Fish and Wildlife Conservation Commission (FWC).
Publications and Presentations
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
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
Professional, Civic and Community Involvement
American Bar Association, Section of Environment, Energy and Resources, Immediate Past Chair
American College of Environmental Lawyers, Member
City of West Palm Beach, Mayor’s Task Force for Racial and Ethnic Equality, Co-Chair
Seminole Coconut Creek Education Foundation, Secretary and Board Member
Leadership Florida, Class of XXXIII
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, 2011-2012
The Florida Bar, Environmental and Land Use Law Section, Past Chair, 2007-2008
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
Best Lawyers in America, Environmental Law, 2021-present, Government Relations Practice, 2022-present, Land Use and Zoning Law, 2023, Lawyer of the Year in Environmental Law, West Palm Beach, 2023
Florida Super Lawyers, Environmental Law, 2010-present
South Florida Legal Guide, Top Lawyer in Environmental Law, 2016-present
Lawdragon, Leading U.S. Environmental Lawyer, 2023
Leadership Palm Beach County, Leadership Excellence Award Recipient, 2022
YWCA of Palm Beach County, Dorothy Height Racial Justice Award Nominee, 2022
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
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 in Environmental Law, 2018-present; Top Lawyer in Energy Law, 2018, 2020-2021; Top Lawyer in Natural Resources Law, 2018, 2021-present; and Top Lawyer in Land Use and Zoning Law, 2022
Practices
Industries
Education
J.D., cum laude, University of Miami, School of Law, 1994
B.A., with honors, Brown University, 1990