Fall Environmental Forum, November 14, 2007

The Florida State University College of Law and The Florida Bar Environmental and Land Use Law Section present:


Wednesday, November 14, 2007
3:30 p.m. - 5:00 p.m.
B.K. Roberts Hall, Room 102

Reception to follow forum in Room R102

The College of Law’s Fall Environmental Law Forum will explore Florida’s progress in ensuring that the waters of this state comply with the federal Clean Water Act and Florida’s water quality standards. Specifically, experts from the state Department of Environmental Protection (DEP) and various interested parties will analyze and discuss the state’s progress in implementing Total Maximum Daily Loads (TMDLs) and the potential for water quality trading to speed the state’s progress in achieving its water quality goals.

The federal Clean Water Act requires that all “navigable waters” in the United States meet the water quality standards that each state establishes for those waters within its borders. States that fail to meet their water quality standards are deemed “impaired,” and the Clean Water Act mandates the use of TMDLs as one mechanism to help ensure that impaired waters eventually meet their water quality standards.

Since 1999, as a result of a consent decree settling Earthjustice’s Clean Water Act citizen suit against the U.S. Environmental Protection Agency (EPA), Florida has been completing the Total Maximum Daily Load (TMDL) calculations for the water quality-impaired waters throughout the state. Proceeding on a 13-year schedule, the Florida Department of Environmental Protection (DEP) has divided the waters in each DEP District into five groups of basins. The DEP will set TMDLs in each basin through a five-phase process, with completion expected in 2010.

Nutrients are among the most significant pollutants that impair all types of Florida waters – streams, rivers, coastal waters and estuaries, lakes, wetlands, and springs – prompting increasing interest in this state in water quality trading. As the DEP reported in February 2005, “In order to promote the most cost-effective opportunities to accomplish necessary pollution reductions in a basin, consideration must be given to pollutant trading. Trading is based on the fact that sources in a watershed may confront very different costs to control the same pollutant.”

Lauren Moody, a third-year student at the College of Law and president of the law school's Environmental Law Society, will introduce the forum.


James Alves is a partner with the law firm Hopping Green & Sams. Since joining the firm in 1984, he has counseled and represented numerous clients on state and federal environmental permitting and enforcement issues. His primary practice area is water quality regulation and permitting. He has worked extensively on legislation and rule development related to the Total Maximum Daily Loads water quality program.
Dr. J. Allison Defoor, II is state coordinator for EarthBalance®, an environmental restoration firm. He is a well-known conservationist, businessman, Florida historian, former county and circuit judge, and Sheriff of Monroe County. As Gov. Jeb Bush's "Everglades Czar," he helped put together the largest land restoration project in world history. As a conservationist, he was president of the Florida Keys Land & Sea Trust and the Florida Land Trust Association, and a director of Florida Audubon.
Daryll E. Joyner is a program administrator in the Florida Department of Environmental Protection’s Bureau of Watershed Management. As part of his duties as Florida’s TMDL Program Administrator, he is responsible for managing all facets of this rapidly developing program, including the listing of impaired waters, TMDL development, and TMDL allocation and implementation. He worked closely with the Pollutant Trading Policy Advisory Committee to develop recommendations for Florida’s Water Quality Credit Trading Program.
Rebecca O'Hara is the legislative director for the Florida League of Cities, a statewide association representing the interests of Florida’s 412 municipal governments. She represents the League on a variety of municipal matters before state agencies, the Florida Legislature and courts, with particular focus on land use and environmental issues. Prior to joining the League in 1999, Rebecca practiced law in the private sector, where she represented clients in areas relating to environmental, administrative, land use and growth management law.


Robin Kundis Craig, the Florida State University College of Law Attorneys' Title Insurance Fund Professor, will introduce the forum. Prior to joining the law school in 2006, she taught at several other nationally regarded law schools. She is a leading authority on all things water.

Florida Bar CLE credit is pending.

Call 850.644.7781 or send an email to reserve a seat at the forum.