Leon FL Lawyers | Monica K Reimer -- eLawyers

3D10-1928 Kuiken v. State (2010)

District Court of Appeal of Florida Filed: Aug. 09, 2010 Citations: 43 So. 3d 704

43 So. 3d 704 (2010) KUIKEN v. STATE. No. 3D10-1928. District Court of Appeal of Florida, Third District. August 9, 2010. Decision Without Published Opinion Certiorari denied.

10-10886 Fla. Wildlife Federation v. South Fla. Water Mgmt. (2011)

Court of Appeals for the Eleventh Circuit Filed: Aug. 03, 2011 Citations: 647 F.3d 1296

647 F.3d 1296 (2011) FLORIDA WILDLIFE FEDERATION, INC., Sierra Club, Inc., Environmental Confederation of Southwest Florida, Inc., St. Johns Riverkeeper, Inc., Conservancy of Southwest Florida, Inc., Plaintiffs-Appellees, FWEA Utility Council, Florida Minerals and Chemistry Council, Inc., State of Florida Department of Agriculture, Intervenors-Plaintiffs-Appellees, Florida Farm Bureau Federation, Intervenor-Plaintiff-Cross-Claimant-Appellee, v. SOUTH FLORIDA WATER MANAGEMENT DISTRICT, Intervenor-..

07-13829 FRIENDS OF THE EVERGLADES v. South Florida Water Management District (2009)

Court of Appeals for the Eleventh Circuit Filed: Jun. 04, 2009 Citations: 605 F.3d 962

570 F.3d 1210 (2009) FRIENDS OF THE EVERGLADES, Florida Wildlife Federation, Plaintiffs-Counter-Defendants-Appellees Cross-Appellants, Fishermen Against Destruction of the Environment, Plaintiff-Counter-Defendant-Appellee, Miccosukee Tribe of Indians of Florida, Intervenor-Plaintiff-Counter-Defendant-Appellee Cross-Appellant, v. SOUTH FLORIDA WATER MANAGEMENT DISTRICT, Defendant-Counter-Claimant-Cross-Appellee, Carol Wehle, Executive Director, Defendant-Appellant, United States of America, U.S. S..

2D07-2825 GAND v. State (2008)

District Court of Appeal of Florida Filed: Aug. 29, 2008 Citations: 989 So. 2d 645

989 So. 2d 645 (2008) GAND v. STATE. No. 2D07-2825. District Court of Appeal of Florida, Second District. August 29, 2008. Decision without published opinion. Affirmed.

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.

11-006137RP FLORIDA WILDLIFE FEDERATION, INC.; SIERRA CLUB, INC.; CONSERVANCY OF SOUTHWEST FLORIDA, INC.; ENVIRONMENTAL CONFEDERATION OF SOUTHWEST FLORIDA, INC.; AND ST. JOHNS RIVERKEEPER, INC. vs DEPARTMENT OF ENVIRONMENTAL PROTECTION (2011)

Division of Administrative Hearings, Florida Filed: Dec. 01, 2011

The issues to be determined in these consolidated cases are whether existing Florida Administrative Code Rule 62-302.530(47)(b) of the Department of Environmental Protection ("Department"), referred to as the "narrative nutrient rule," is an invalid exercise of delegated legislative authority, and whether certain proposed rules of the Department, which amend Florida Administrative Code Chapters 62-302, entitled “Surface Water Quality Standards” and 62-303, entitled “Identification of Impaired Surface Waters,” are invalid exercises of delegated legislative authority.Petitioners failed to prove the DEP's narrative nutrient rule was an invalid exercise of delegated legislative authority. DEP proved the proposed changes to chapters 62-302 & 62-303 were not invalid exercises of delegated legislative authority.

12-000157RP FLORIDA WILDLIFE FEDERATION, INC.; SIERRA CLUB, INC.; CONSERVANCY OF SOUTHWEST FLORIDA, INC.; ENVIRONMENTAL CONFEDERATION OF SOUTHWEST FLORIDA, INC.; AND ST. JOHNS RIVERKEEPER, INC. vs DEPARTMENT OF ENVIRONMENTAL PROTECTION (2012)

Division of Administrative Hearings, Florida Filed: Jan. 12, 2012

Petitioners failed to prove the DEP's narrative nutrient rule was an invalid exercise of delegated legislative authority. DEP proved the proposed changes to chapters 62-302 & 62-303 were not invalid exercises of delegated legislative authority.

03-003532RP FLORIDA WILDLIFE FEDERATION, INC.; ENVIRONMENTAL CONFEDERATION OF SOUTHWEST FLORIDA, INC.; AND SAVE OUR CREEKS, INC. vs DEPARTMENT OF ENVIRONMENTAL PROTECTION (2003)

Division of Administrative Hearings, Florida Filed: Sep. 26, 2003

In a Notice of Proposed Rulemaking published on September 5, 2003, the Department of Environmental Protection ("DEP" or the "Department") proposed amendments (the "Proposed Rule") to an existing rule, Florida Administrative Code Rule 62- 304.700. The Proposed Rule establishes a Total Maximum Daily Load ("TMDL") for Total Phosphorus ("TP") for a number of streams (referred to in this proceeding as the Nine Northern Tributaries) in the Lake Okeechobee Basin and addresses other related matters. The issue in this proceeding is whether the Proposed Rule is an invalid exercise of delegated legislative authority.The Proposed Rule that would a establish a Total Maximum Daily Load for total phosphorus in nine northern tributaries of Lake Okeechobee at 0.159 mg/L is an invalid exercise of legislative authority.

96-004222 FLORIDA WILDLIFE FEDERATION, INC.; SIERRA CLUB, FLORIDA CHAPTER; AND FLORIDA AUDUBON SOCIETY, INC. vs COASTAL PETROLEUM COMPANY AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (1996)

Division of Administrative Hearings, Florida Filed: Sep. 06, 1996

The issues in these consolidated cases are whether Coastal Petroleum Company is entitled to an oil and gas exploration permit (Permit no. 1281) and, if so, what conditions should attach, including a reasonable surety amount.Appl for single drilling permit in FL Coastal waters meets the 3 criteria of 377.241, FS. A reasonable surety is based, not on worst spill in history, but on careful competent analysis of site-specific and related data and a proven, accepted regul model

98-001901 COASTAL PETROLEUM COMPANY AND DEPARTMENT OF ENVIRONMENTAL PROTECTION vs DEPARTMENT OF ENVIRONMENTAL PROTECTION (1998)

Division of Administrative Hearings, Florida Filed: Apr. 22, 1998

The issues in these cases include the following: Did Petitioner file completed applications to entitle it to an oil and gas drilling permit? Is the Department's policy of requiring information in support of an offshore oil and gas well drilling permit not specifically set out in existing rules constitute an unadopted rule? If the Department applied an unadopted rule to Petitioner in these cases, does the unadopted rule meet the requirements of Section 120.57(1)(e), Florida Statutes? Is Petitioner entitled to the oil and gas drilling permits it sought by default?Department`s unpromulgated rule requiring additional information to support oil drilling permits was valid. Petitioner failed to provide information and, therefore, application was denied for incompleteness.

Monica K Reimer