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BROWARD COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA vs DEPARTMENT OF ENVIRONMENTAL PROTECTION, 21-001139 (2021)

Court: Division of Administrative Hearings, Florida Number: 21-001139 Visitors: 12
Petitioner: BROWARD COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA
Respondent: DEPARTMENT OF ENVIRONMENTAL PROTECTION
Judges: CATHY M. SELLERS
Agency: Department of Environmental Protection
Locations: Fort Lauderdale, Florida
Filed: Mar. 25, 2021
Status: Set for Hearing by Zoom Conference.
Latest Update: Jun. 15, 2024
Summary: The agency did not prove, by a preponderance of the evidence, that fluid movement into an underground source of drinking water, as prohibited by state rules and federal regulations, occurred due to underground injection activity.

Docket for Case No: 21-001139
Issue Date Proceedings
Oct. 11, 2021 Broward County's Motion for Reconsideration filed.
Oct. 06, 2021 Broward County's Motion to Strike Respondent?s Expert Witnesses and Reports or in the Alternative, Motion in Limine to Limit Witness Testimony filed.
Oct. 01, 2021 Notice of the Department of Environmental Protections' Objections to Petitioner's Exhibit List dated September 27, 2021, and Objections filed.
Oct. 01, 2021 Broward County's Notice of Filing Objections to Respondent's Final Hearing Exhibit List filed.
Oct. 01, 2021 Florida Department of Environmental Protection's, Response in Opposition to Broward County's Motion for Leave to File Amended Petition for Administrative Hearing filed.
Oct. 01, 2021 Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
Oct. 01, 2021 Respondent's Proposed Exhibits filed (exhibits not available for viewing).
Sep. 30, 2021 Broward County's Notice of Filing Final Hearing Exhibit List filed.
Sep. 28, 2021 Broward County's Second Amended Expert Witness and Witness Disclosures filed.
Sep. 27, 2021 Joint Pre-Hearing Stipulation filed.
Sep. 27, 2021 Broward County?s Motion for Leave to File Amended Petition for Formal Administrative Hearing filed.
Sep. 15, 2021 Petitioner Broward County's Re-Notice of Taking VideomTaped Deposition Duces Tecum (of Marc Harris) filed.
Sep. 10, 2021 Florida Department of Environmental Protection's Supplemental Argument in Support of Its Motion in Limine filed.
Sep. 02, 2021 Notice of Department?s Amended Response to Petitioner, Broward County?s Second Set of Interrogatories, as to Interrogatory 2 only filed.
Sep. 02, 2021 Petitioner, Broward County's Notice of Taking Video Taped Deposition Duces Tecum (Joni Synatschk) filed.
Sep. 02, 2021 Broward County's Notice of Taking Video Taped Deposition Duces Tecum (Mark Harris) filed.
Sep. 02, 2021 Broward County's Notice of Taking Video Taped Deposition Duces Tecum (Len Fishkin) filed.
Sep. 01, 2021 Petitioner Broward County's Amended Notice of Taking Video Taped Deposition Duces Tecum (Tracy Woods) filed.
Sep. 01, 2021 Petitioner Broward County's Amended Notice of Taking Video Taped Deposition Duces Tecum (Benjamin Melnick) filed.
Aug. 30, 2021 Broward County's Supplemental Response in Opposition to Department of Environmental Protection's Motion in Limine filed.
Aug. 30, 2021 Notice of Serving Department of Environmental Protection's Answers to Petitioner, Broward County Second Set of Interrogatories filed.
Aug. 26, 2021 Broward County's Third Request for Production of Documents to the Respondent, Florida Department of Environmental Protection filed.
Aug. 26, 2021 Petitioner Broward County's Re-Notice of Taking Video Taped Deposition Duces Tecum (via Remote Video Conference; Tracy Woods) filed.
Aug. 26, 2021 Petitioner Broward County's Re-Notice of Taking Video Taped Deposition Duces Tecum (via Remote Video Conference; Benjamin Melnick) filed.
Aug. 25, 2021 Respondent, Florida Department of Environmental Protection's Notice of Postponing Taking Video Deposition Duces Tecum (Chang) filed.
Aug. 23, 2021 Respondent, Florida Department of Environmental Protection's Re-Notice of Taking Video Deposition Duces Tecum (Muniz) filed.
Aug. 23, 2021 Respondent, Florida Department of Environmental Protection's Notice of Cancellation of Video Deposition Duces Tecum of Steven Doyle filed.
Aug. 20, 2021 Petitioner Broward County's Notice of Taking Video Taped Deposition Duces Tecum filed.
Aug. 17, 2021 Respondent, Florida Department of Environmental Protection's Notice of Cancellation of Video Deposition Duces Tecum of Susan Bodman filed.
Aug. 16, 2021 Order Regarding Motion to Extend Discovery Deadline.
Aug. 16, 2021 Order Denying Motion to Relinquish Jurisdiction; Denying, In Part, Motion In Limine; and Establishing Dates For Filing Additional Response and Reply on Motion In Limine Issues.
Aug. 13, 2021 Broward County?s Motion to Amend Pre-Hearing Order filed.
Aug. 13, 2021 Order Granting Continuance and Rescheduling Hearing by Zoom Conference (hearing set for October 7 and 11 through 14, 2021; 9:30 a.m., Eastern Time).
Aug. 12, 2021 CASE STATUS: Motion Hearing Held.
Aug. 12, 2021 Respondent, Florida Department of Environmental Protection?s Second Amended Notice of Taking Video Deposition Duces Tecum (Amended as to date only) - Mark Darmanin filed.
Aug. 12, 2021 Respondent, Florida Department of Environmental Protection's Amended Notice of Taking Video Deposition Duces Tecum (Patrick Davis; Amended as to date and location only) filed.
Aug. 12, 2021 Florida Department of Environmental Protection's Amended Notice of Taking Deposition Duces Tecum of Corporate Representative of Petitioner Broward County (as to date, location and identity of corporate representative) filed.
Aug. 12, 2021 Joint Response to Order Requesting Parties' Availability for Rescheduling Last Day of Hearing filed.
Aug. 11, 2021 Broward County's Amended Expert Witness and Witness Disclosures (Corrects Dr. Missimer's First Name Only) filed.
Aug. 10, 2021 Florida Department of Environmental Protection's Amended Notice of Taking Deposition Duces Tecum of Corporate Representative of Petitioner Broward County (as to date, location and identity of corporate representative) filed.
Aug. 10, 2021 Petitioner Broward County's Notice of Taking Video Taped Deposition Duces Tecum (via Remote Video Conference; of Benjamin Melnick) filed.
Aug. 10, 2021 Broward County's Response in Opposition to Department of Environmental Protection's Motion for New Order of Pre-Hearing Instructions or Clarification of Current Order of Pre-Hearing Instructions filed.
Aug. 06, 2021 Florida Department of Environmental Protection's Motion for New Order of Pre-Hearing Instructions or Clarification of Current Order of Pre-Hearing Instructions filed.
Aug. 06, 2021 Respondent, Florida Department of Environmental Protection's Amended Notice of Taking Video Deposition Duces Tecum (Amended as to date and location only) filed.
Aug. 06, 2021 Respondent, Florida Department of Environmental Protection's Amended Notice of Taking Video Deposition Duces Tecum (Amended as to date and location only) filed.
Aug. 04, 2021 Respondent, Florida Department of Environmental Protection?s Amended Notice of Taking Video Deposition Duces Tecum (Amended as to date and location only) filed.
Aug. 04, 2021 Respondent, Florida Department of Environmental Protection?s Amended Notice of Taking Video Deposition Duces Tecum (Amended as to date and location only) filed.
Aug. 04, 2021 Respondent, Florida Department of Environmental Protection?s Amended Notice of Taking Video Deposition Duces Tecum (Amended as to date and location only) filed.
Aug. 04, 2021 Respondent, Florida Department of Environmental Protection?s Amended Notice of Taking Video Deposition Duces Tecum (Amended as to date and location only) filed.
Aug. 04, 2021 Respondent, Florida Department of Environmental Protection?s Amended Notice of Taking Video Deposition Duces Tecum (Amended as to date and location only) filed.
Aug. 04, 2021 Respondent, Florida Department of Environmental Protection?s Amended Notice of Taking Video Deposition Duces Tecum (Amended as to date and location only) filed.
Aug. 04, 2021 Respondent, Florida Department of Environmental Protection?s Amended Notice of Taking Video Deposition Duces Tecum (Amended as to date and location only) filed.
Aug. 04, 2021 Respondent, Florida Department of Environmental Protection?s Amended Notice of Taking Video Deposition Duces Tecum (Amended as to date and location only) filed.
Aug. 04, 2021 Respondent, Florida Department of Environmental Protection?s Amended Notice of Taking Video Deposition Duces Tecum (Amended as to date and location only) filed.
Aug. 04, 2021 Respondent, Florida Department of Environmental Protection?s Amended Notice of Taking Video Deposition Duces Tecum (Amended as to date and location only) filed.
Aug. 04, 2021 Broward County's Expert Witness and Witness Disclosures filed.
Aug. 04, 2021 Department of Environmental Protection's Witness Disclosure filed.
Aug. 02, 2021 Notice of Motion Hearing by Zoom Conference (motion hearing set for August 12, 2021; 2:00 p.m., Eastern Time).
Jul. 30, 2021 Broward County's Second Request for Production of Documents to the Respondent, Florida Department of Environmental Protection filed.
Jul. 30, 2021 Broward County's Certificate of Service of Second Set of Interrogatories to the Respondent, Florida Department of Environmental Protection filed.
Jul. 29, 2021 Order Requesting Parties' Availability for Rescheduling Last Day of Hearing.
Jul. 28, 2021 Notice of Transfer.
Jul. 20, 2021 Order Granting Broward County's Motion for Disqualification of Administrative Law Judge.
Jul. 19, 2021 Broward County's Motion for Disqualification of Administrative Law Judge filed. (DUPLICATE-FAX)
Jul. 19, 2021 Broward County's Motion for Disqualification of Administrative Law Judge filed.
Jul. 19, 2021 Florida Department of Environmental Protection's Notice of Taking Deposition Duces Tecum of Corporate Representative of Petitioner Broward County filed.
Jul. 16, 2021 Respondent, Florida Department of Environmental Protection's Notice of Taking Video Deposition Duces Tecum (Susan Bodman) filed.
Jul. 16, 2021 Respondent, Florida Department of Environmental Protection's Notice of Taking Video Deposition Duces Tecum (Steven Doyle) filed.
Jul. 16, 2021 Respondent, Florida Department of Environmental Protection's Notice of Taking Video Deposition Duces Tecum (Serene Chang) filed.
Jul. 16, 2021 Respondent, Florida Department of Environmental Protection's Notice of Taking Video Deposition Duces Tecum (Mark Darmanin) filed.
Jul. 16, 2021 Respondent, Florida Department of Environmental Protection's Notice of Taking Video Deposition Duces Tecum (Greg Balicki) filed.
Jul. 16, 2021 Respondent, Florida Department of Environmental Protection's Notice of Taking Video Deposition Duces Tecum (Alan Garcia) filed.
Jul. 16, 2021 Respondent, Florida Department of Environmental Protection's Notice of Taking Video Deposition Duces Tecum (Janeen Wietgrefe) filed.
Jul. 16, 2021 Respondent, Florida Department of Environmental Protection's Notice of Taking Video Deposition Duces Tecum (Thomas Missimer, PG) filed.
Jul. 16, 2021 Respondent, Florida Department of Environmental Protection's Notice of Taking Video Deposition Duces Tecum (Patrick Davis) filed.
Jul. 16, 2021 Respondent, Florida Department of Environmental Protection's Notice of Taking Video Deposition Duces Tecum (Michael Wengrenovich) filed.
Jul. 16, 2021 Respondent, Florida Department of Environmental Protection's Notice of Taking Video Deposition Duces Tecum (Robert Maliva) filed.
Jul. 16, 2021 Respondent, Florida Department of Environmental Protection's Notice of Taking Video Deposition Duces Tecum (Joseph May) filed.
Jul. 16, 2021 Respondent, Florida Department of Environmental Protection's Notice of Taking Video Deposition Duces Tecum (Albert Muniz) filed.
Jul. 14, 2021 Notice of Unavailability filed.
Jul. 12, 2021 Broward County's Response in Opposition to Department of Environmental Protection's Motion to Relinquish Jurisdiction or in the Alternative, Motion in Limine filed.
Jul. 12, 2021 Return of Service (Re-Notice Haberfeld) filed.
Jul. 12, 2021 Return of Service (Subpoena Haberfeld) filed.
Jul. 09, 2021 Petitioner Broward County's Re-Notice of Taking Video Taped Deposition filed.
Jul. 09, 2021 Petitioner Broward County's Re-Notice of Taking Video Taped Deposition (Khadka) filed.
Jul. 09, 2021 Petitioner Broward County's Re-Notice of Taking Video Taped Deposition (McCarty) filed.
Jul. 09, 2021 Petitioner Broward County's Re-Notice of Taking Video Taped Deposition (Fischler) filed.
Jul. 09, 2021 Petitioner Broward County's Re-Notice of Taking Video Taped Deposition (Haberfeld) filed.
Jul. 08, 2021 Order Granting Extension of Time.
Jul. 07, 2021 Notice of Serving Department of Environmental Protection's Responses to Petitioner, Broward County First Request for Production filed.
Jul. 07, 2021 Broward County's Request for Extension of Time to File Response in Opposition filed.
Jul. 07, 2021 Notice of Serving Department of Environmental Protection's Answers to Petitioner, Broward County First Set of Interrogatories filed.
Jul. 07, 2021 Respondent, Florida Department of Environmental Protection's Responses to Petitioner, Broward County's First Request for Admissions filed.
Jul. 06, 2021 Broward County's Subpoena for Videotaped Deposition of Joseph Haberfeld filed.
Jul. 06, 2021 Petitioner Broward County's Omnibus Notice of Taking Video Taped Depositions (Cindy Fischler) filed.
Jul. 06, 2021 Petitioner Broward County's Omnibus Notice of Taking Video Depositions (Cathleen McCarty) filed.
Jul. 06, 2021 Petitioner Broward County's Omnibus Notice of Taking Video Taped Depositions (of Mitra Khadka) filed.
Jul. 06, 2021 Petitioner Broward County's Omnibus Notice of Taking Video Taped Depositions (of Joseph Haberfeld) filed.
Jul. 02, 2021 Department of Environmental Protection's Amended Request for Official Recognition filed.
Jul. 01, 2021 Department of Environmental Protection's Motion to Relinquish Jurisdiction or in the Alternative, Motion in Limine filed.
Jun. 15, 2021 Department of Environmental Protection's Request for Official Recognition filed.
Jun. 08, 2021 Broward County?s Amended Response to Respondent Department of Environmental Protection?s First Request for Production of Documents to the Petitioner, Broward County filed.
Jun. 08, 2021 Broward County's Certificate of Service of Its Amended Answers and Objections to Respondent Florida Department of Environmental Protection?s First Set of Interrogatories to Petitioner, Broward County filed.
Jun. 01, 2021 Broward County's First Request for Admission to the Respondent, Florida Department of Environmental Protection filed.
Jun. 01, 2021 Broward County's First Request for Production of Documents to the Respondent, Florida Department of Environmental Protection filed.
Jun. 01, 2021 Notice of Serving Broward County's First Set of Interrogatories to the Respondent, Florida Department of Environmental Protection filed.
Jun. 01, 2021 Notice of Appearance (Matthew Haber) filed.
May 28, 2021 Broward County's Certificate of Service of Its Answers and Objections to Respondent Florida Department of Environmental Protection's First Set of Interrogatories to Petitioner, Broward County filed.
May 28, 2021 Broward County's Response to Respondent Department of Environmental Protection's First Request for Production of Documents to the Petitioner, Broward County filed.
Apr. 07, 2021 Notice of Appearance (Michael Owens) filed.
Apr. 02, 2021 Department of Environmental Protection?s First Request for Production of Documents to the Petitioner, Broward County filed.
Apr. 02, 2021 Notice of Serving Department of Environmental Protection?s First Set of Interrogatories to Petitioner, Broward County filed.
Mar. 31, 2021 Order of Pre-hearing Instructions.
Mar. 31, 2021 Notice of Hearing by Zoom Conference (hearing set for September 13 through 17, 2021; 9:00 a.m., Eastern Time).
Mar. 30, 2021 Joint Response to Initial Order filed.
Mar. 30, 2021 Notice of Appearance (Alexis Montiglio) filed.
Mar. 30, 2021 Notice of Appearance (Staci Kichler) filed.
Mar. 26, 2021 Initial Order.
Mar. 25, 2021 Agency action letter filed.
Mar. 25, 2021 Broward County's Petition for Formal Administrative Hearing filed.
Mar. 25, 2021 Request for Assignment of Administrative Law Judge and Notice of Preservation of Record filed.
Source:  Florida - Division of Administrative Hearings

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