Leon FL Administrative law, Appeals and Government Lawyers

14-001443RP PAUL STILL vs DEPARTMENT OF ENVIRONMENTAL PROTECTION (2014)

Division of Administrative Hearings, Florida Filed: Mar. 27, 2014

The issues to be determined in this case are whether proposed Florida Administrative Code Rules 62-42.100, 62-42.200, 62-42.300, and a document incorporated by reference (“the Proposed Rules”) are invalid exercises of delegated legislative authority; whether the Department of Environmental Protection (“DEP”) complied with statutory requirements regarding preparation of a statement of estimated regulatory costs (“SERC”) for the Proposed Rules; and whether the approval by the Governing Board of the Suwannee River Water Management District (“SRWMD”) of a document entitled “Recovery Strategy: Lower Santa Fe River Basin” (“Recovery Strategy”) is invalid because it required rulemaking.It is concluded that proposed rules 62-42.100, 62-42.200, and the Supplemental Regulatory Measures incorporated by reference in rule 62.-42.300(1)(d) are valid, but proposed rules 62-42.300(1)(a) and (b) are invalid because they are vague.

14-001644RP FLORIDA WILDLIFE FEDERATION, INC. vs DEPARTMENT OF ENVIRONMENTAL PROTECTION (2014)

Division of Administrative Hearings, Florida Filed: Apr. 11, 2014

The issues to be determined in this case are whether proposed Florida Administrative Code Rules 62-42.100, 62-42.200, 62-42.300, and a document incorporated by reference (“the Proposed Rules”) are invalid exercises of delegated legislative authority; whether the Department of Environmental Protection (“DEP”) complied with statutory requirements regarding preparation of a statement of estimated regulatory costs (“SERC”) for the Proposed Rules; and whether the approval by the Governing Board of the Suwannee River Water Management District (“SRWMD”) of a document entitled “Recovery Strategy: Lower Santa Fe River Basin” (“Recovery Strategy”) is invalid because it required rulemaking.It is concluded that proposed rules 62-42.100, 62-42.200, and the Supplemental Regulatory Measures incorporated by reference in rule 62.-42.300(1)(d) are valid, but proposed rules 62-42.300(1)(a) and (b) are invalid because they are vague.

14-005658RP PAUL STILL vs DEPARTMENT OF ENVIRONMENTAL PROTECTION (2014)

Division of Administrative Hearings, Florida Filed: Nov. 26, 2014

The issue to be determined in these consolidated cases is whether proposed Florida Administrative Code Rule 62-42.300 is an invalid exercise of delegated legislative authority.Petitioners are estopped to challenge the unchanged portions of the rule and failed to prove that the changed portions of the rule are vague.

14-006132RP KATHLEEN STILL vs DEPARTMENT OF ENVIRONMENTAL PROTECTION (2014)

Division of Administrative Hearings, Florida Filed: Dec. 29, 2014

The issue to be determined in these consolidated cases is whether proposed Florida Administrative Code Rule 62-42.300 is an invalid exercise of delegated legislative authority.Petitioners are estopped to challenge the unchanged portions of the rule and failed to prove that the changed portions of the rule are vague.

13-004254 THOMAS G. MOSHER AND MATTHEW SCHWARTZ vs DAN A. HUGHES COMPANY, L.P., AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (2013)

Division of Administrative Hearings, Florida Filed: Oct. 31, 2013

The issue is whether to approve an application by Respondent, Dan R. Hughes Company, L.P. (applicant or Hughes), for an oil well drilling permit authorizing the drilling of an exploratory oil well in Collier County, Florida.A balancing of three factors in section 377.241 supports issurance of permit to drill an exploratory oil well in Collier County.

13-004920 MATTHEW SCHWARTZ vs DAN A. HUGHES COMPANY, L.P. AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (2013)

Division of Administrative Hearings, Florida Filed: Dec. 19, 2013

The issue is whether to approve an application by Respondent, Dan R. Hughes Company, L.P. (applicant or Hughes), for an oil well drilling permit authorizing the drilling of an exploratory oil well in Collier County, Florida.A balancing of three factors in section 377.241 supports issurance of permit to drill an exploratory oil well in Collier County.

08-003922 JACQUELINE LANE vs INTERNATIONAL PAPER COMPANY AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (2008)

Division of Administrative Hearings, Florida Filed: Aug. 12, 2008

The issues in this case are whether International Paper Company (IP) is entitled to National Pollutant Discharge Elimination System (NPDES) Permit No. FL0002526 issued by Department of Environmental Protection (Department) and whether the Department should approve Consent Order No. 08-0358, for the operation of IP’s paper mill in Cantonment, Escambia County, Florida.IP proved that it is entitled to the proposed industrial wastewater discharge permit for its paper mill in Escambia County and that the terms and conditions of the related consent orders are reasonable.

08-003923 FRIENDS OF PERDIDO BA, INC. AND JAMES LANE vs INTERNATIONAL PAPER COMPANY AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (2008)

Division of Administrative Hearings, Florida Filed: Aug. 12, 2008

The issues in this case are whether International Paper Company (IP) is entitled to National Pollutant Discharge Elimination System (NPDES) Permit No. FL0002526 issued by Department of Environmental Protection (Department) and whether the Department should approve Consent Order No. 08-0358, for the operation of IP’s paper mill in Cantonment, Escambia County, Florida.IP proved that it is entitled to the proposed industrial wastewater discharge permit for its paper mill in Escambia County and that the terms and conditions of the related consent orders are reasonable.

08-006033RX FRIENDS OF PERDIDO BAY, INC., AND JAMES LANE vs DEPARTMENT OF ENVIRONMENTAL PROTECTION (2008)

Division of Administrative Hearings, Florida Filed: Dec. 05, 2008

The issue for determination in this case is whether Florida Administrative Code Rule 62-302.300(6) is an invalid exercise of delegated legislative authority because the rule is vague, fails to establish adequate standards for agency decisions, or vests unbridled discretion in the agency.Petitioners failed to prove that Florida Administrative Code Rule 62-302.300(6) is an invalid exercise of delegated legislative authority.

07-004843DRI BONITA BAY PROPERTIES, INC., AND SWF PROPERTIES OF SOUTHWEST FLORIDA, LTD. vs CITY OF BONITA SPRINGS (2007)

Division of Administrative Hearings, Florida Filed: Oct. 23, 2007

The issue is whether the proposed change to the Bonita Bay Development of Regional Impact to allow residential development within 330 feet of an active bald eagle's nest in an area that had been set aside for preservation should be approved. Proposed change to DRI to allow residential development within 330 feet of eagle`s nest is not a substantial deviation, not likely to adversely impact the eagle, and is consistent with the local comprehensive plan. The proposed change should be approved.

Jeffrey Brown