Business Law 101 / ENVIRONMENTAL LAWS

By Albert L. Kelley, Esq.

Environmental law is a large and still emerging area of the law. Indeed, as our society has grown and become more urban, the government has passed several laws to prevent pollution and to preserve the environment. Environmental laws come from state, federal, and local governments. On the local level, many environmental laws are found in the zoning ordinances. Local governments will often set aside portions of land as unbuildable to preserve protected properties. They can also limit the number of houses that can be built in an area to reduce the impact on the environment.

On a state level, there are numerous laws enforced by the state’s environmental protection agency. As an example, every state has a hazardous waste law and an agency to handle environmental matters. In Florida, our Hazardous Materials Act is handled by the Division of Emergency Management, of the Department of Community Affairs, and the Pollutant Discharge Prevention and Control Act is enforced by the Department of Environmental Protection.

Florida has a rich environmental history, going back to the passage of the Bulkhead Act in 1957. This Act set out the limits to where Florida counties could fill land. The next major environmental law wasn’t until 1967 when the legislature passed the Randall-Thomas Act which required environmental surveys to be done before any dredge or fill project. During the 1970’s, while our federal government was making great strides in environmental laws (which we will discuss next week), Florida was making great strides as well. In 1972, the legislature passed the Water Resources Act, which created five water management districts, the Land and Water Management Act, which gave the State the authority to create areas of critical state concern and to set guidelines for development in those areas (the State immediately named the Florida Keys, Green Swamp and Big Cypress as critical care areas), the Land Conservation Act which authorized the issuance of bonds to buy environmentally endangered lands, and the State Comprehensive Planning Act. In 1975, the Legislature passed the Environmental Reorganization Act which created the Department of Environmental Regulation.

In the 1980’s the State saw a flourishing of environmental laws. In 1981, Governor Graham passed Save our Coasts program, followed by Save Our Rivers in 1982 and Save Our Everglades in 1983. Also in 1983, the Legislature passed the Water Quality Assurance Act, followed by Warren S, Henderson Wetlands Protection Act in 1984.

Today, numerous state environmental rules still actively assist to preserve the environment. The Department of Environmental Protection enforces Florida’s air pollution control act, the quality of our drinking waters, the surface and ground water quality, and the industrial wastewater facilities. They act to restore our beaches and reclaim land disturbed by mining activities (It should be remembered that Florida has a large phosphate mining industry).

However, if it is believed that DEP is against business, it is a mistake. In 1990, the Clean Air Act created the Small Business Assistance Program, specifically to help small businesses work their way through the myriad environmental regulations. While the SBAP is primarily geared towards air control issues, they also provide additional information on other Florida environmental laws and agencies. To qualify for their assistance, the business must have less than 100 employees, release less than 75 tons of all registered air pollutants and less than 50 tons of any one pollutant.

Al Kelley is a Florida business law attorney located in Key West and previously taught business law, personnel law and labor law at St. Leo University. He is also the author of “Basics of Business Law” and “Basics of Florida’s Small Claims Court” (Absolutely Amazing e-Books). This article is being offered as a public service and is not intended to provide specific legal advice. If you have any questions about legal issues, you should confer with a licensed Florida attorney.

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