The Rise of Transit Oriented Development

Millennials have now overtaken baby boomers as America’s largest generation, and developers must cater to this segment’s desire for convenience, connectivity and access to the urban core. As density of downtowns grow, mixed use development will emerge in suburban neighborhoods that may be farther out from the city center, but still enjoy the proximity to […]

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Judge Strikes Down Proposed “Public Notice of Pollution” Rule

On December 30, 2016, an Administrative Law Judge with Florida’s Division of Administrative Hearing, Judge Bram D. E. Canter, issued a Final Order striking down a proposed rule of the Florida Department of Environmental Protection entitled “Public Notice of Pollution”   As explained in my July 29, 2016, blog, the proposed rule was intended to replace […]

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When a Tax Is Good for the Environment

On November 8th, Broward County voters will be the next group of Florida residents to consider a one penny sales tax increase to fund transportation and infrastructure. While no one likes the idea of paying more taxes, anyone who has driven in South Florida can appreciate the need for transportation improvements.  The referendum is known […]

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Changes Coming to Florida Cleanup Rules

Commercial property transactions often involve much haggling between seller and purchaser over potential contamination liabilities, with known contamination problems sometimes ruining marketability.  The ownership and redevelopment of contaminated property has historically been a risky business in Florida because of prescriptive and potentially costly state and local cleanup requirements and nervous lenders.  Further complicating matters is […]

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“Emergency” Engines Lose Exemptions Under EPA Air Rules

The D.C. Circuit Court of Appeals decided last year that stationary engines operated under demand response programs or to stabilize power line voltage are not eligible for exemption from U.S. Environmental Protection Agency (EPA) air emission standards as “emergency” generators. Delaware v. EPA, 785 F. 3d 1 (D.C. Cir. 2015).   The court granted EPA’s request […]

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Environmentally Challenged Projects: If I redevelop one, can I safely sell it?

In Florida, where undeveloped land is increasingly scarce, redevelopment has become the name of the game.  Many developers, however, continue to resist opportunities to redevelop “environmentally challenged” sites such as golf courses.  Perhaps the single most intimidating issue for those contemplating the redevelopment of such sites is environmental issues relating to such property.  With histories […]

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