RECENT DEVELOPMENTS IN LAND USE AND ENVIRONMENTAL LAW[*]

Copyright 1996 Journal of Land Use & Environmental Law

I. FEDERAL CASES

Ohio Forestry Association, Inc. v. Sierra Club, 118 S.Ct. 1665 (1998)

On May 18, 1998, the Supreme Court, in a unanimous decision written by Justice Breyer, ruled that the controversy raised by the Sierra Club, dealing with the U.S. Forest Service's Land and Resource Management Plan, was not yet ripe for judicial review and remanded it for dismissal.[1] In accordance with the National Forest Management Act of 1976 (NFMA), the U.S. Forest Service developed a Land and Resource Management Plan for Ohio's Wayne National Forest.[2] This plan sets logging goals, selects areas best suited for timber production, and determines which methods of timber harvest are appropriate for this area.[3] It does not, however, authorize the cutting of any trees.[4] The Sierra Club challenges this plan on the grounds that it permits too much logging and too much clearcutting in the forest.[5] The District Court granted summary judgment to the Forest Service, holding that the determinations made by the Forest Service were all arrived at lawfully.[6] The Sixth Circuit Court of Appeals reversed, finding the claim justicable and "ripe for review."[7]

The Supreme Court cited several reasons that this claim was not ripe for judicial review. First, the Court found that withholding review would not cause the plaintiffs significant "hardship" because the plan does not create adverse legal effects such as stripping plaintiffs of their right to object to trees being cut or creating a legal right to cut trees.[8] Also, delaying review does not cause the Sierra Club significant practical harm because the Sierra Club will still have the opportunity to bring action when the harm is more imminent and certain.[9] Second, court review at this time could interfere with the procedures Congress set forth for the Forest Service to arrive at logging decisions such as later plan revisions before and after implementation.[10] Third, the Court felt it would benefit from further factual development of the issues in question, including a more focused logging proposal for particular sites.[11] In addition, the Court noted the fact that Congress did not provide for pre-implementation judicial review of Forest Service's land resource management plans, but did instruct courts to review other environmental rules and im pact statements before enforcement, giving the impression that any pre-implementation challenge of this plan would not be ripe for judicial review.[12]

Coastal Petroleum Co. v. Chiles, 118 S.Ct. 2369 (1998)

On June 28, 1998, the U.S. Supreme Court denied certiorari to Coastal Petroleum's challenge to a state law that could keep them from drilling for oil or natural gas off Florida's shores.[13] This company has been litigating for more than fifty years over leases it holds on submerged lands along approximately 425 miles of Florida's Gulf coast from Apalachicola to Naples and wants to force the state to either permit drilling or else pay royalties it expected to receive on oil Coastal believed it would find. This decision lets stand a ruling by the Florida First District Court of Appeal last year, which held that the state had no obligation to pay royalties to Coastal Petroleum.[14]

National Mining Association v. United States Army Corps of Engineers, 145 F.3d 1399 (D.C. Cir. 1998)

On June 19, 1998, the U.S. Court of Appeals for the D.C. Circuit, affirmed a district court ruling and held that the Army Corps of Engineers' Tulloch rule[15] subjecting any redeposit, including incidental fallback, during dredging operations to permit requirements of the Clean Water Act exceeded the Corps' authority under the Act to regulate discharge, defined as any "addition" of pollutant to navigable waters.[16] This was in light of the fact that incidental fallback was part of the net withdrawal of material from water rather than an "addition" and regardless of exemptions to the Act's permitting requirements for discharges of dredged material for specified activities.[17] The Army Corps' strongest here came from Rybachek v. EPA[18], which dealt with miners excavating dirt and gravel from waterways, extracting gold from it, and releasing the leftover material back into the water. The Ninth Circuit said this leftover material was a pollutant and "its resuspension [in the stream] may be interpreted to be an addition of a pollutant under the Act."[19] However, the appellants identified the discharge here as the discrete act of dumping leftover material into the stream after processing rather than imperfect extraction and so the D.C. Circuit does not accept this argument.[20] The appeals court further held that a facial challenge to an administrative regulation as being inconsistent with governing statutory law was subject to the deferential Chevron test[21] as opposed to the tougher standard for facial challenges requiring a showing that no set of circumstances exists under which the rule would be within the agency's authority.[22] The D.C. Circuit noted that the Supreme Court has never adopted a "no set of circumstances" test to assess the validity of a facially inconsistent regulation and so neither would this court.[23] Finally, the D.C. Circuit held the district court was correct in giving nationwide application to the permanent injunction against enforcement of the Tulloch rule, after the court found it to be facially illegal, in order to avoid a flood of duplicate litigation.[24]

II. NOTABLE BILLS PASSED DURING THE 105TH U.S. CONGRESS[25]

H.R. 408 International Dolphin Conservation Program Act
Public Law 105-42

This bill was passed to amend the Marine Mammal Protection Act of 1972 to support the International Dolphin Conservation Program in the eastern tropical Pacific Ocean. The purpose of this Act was to give effect to the Declaration of Panama, signed on October 4, 1995, including the establishment of the International Dolphin Conservation Program relating to the protection of dolphins and other species, and the conservation and management of tuna in the eastern tropical Pacific Ocean. Also, this Act recognizes that nations fishing for tuna in this region have achieved significant reductions in dolphin mortality associated with that fishery and eliminates the ban on imports of tuna from those nations that are in compliance with the International Dolphin Conservation Program.

H.R. 449 Southern Nevada Public Land Management Act of 1998
Public Law 105-263

This Act provides for the orderly disposal of certain Federal lands in Clark County, Nevada and for the acquisition of environmentally sensitive lands in the State of Nevada. Congress found that the Bureau of Land Management had extensive land ownership in small and large parcels interspersed with or adjacent to private land in the Las Vegas Valley, Nevada, making many of these parcels difficult to manage and more appropriate for disposal. In order to promote responsible and orderly development in the Las Vegas Valley, the Federal Government, based on recommendations made by local government and the public, decided to sell certain of those Federal lands. Congress also understood that the Las Vegas metropolitan area is the fastest growing urban area in the United States, which is causing significant impacts upon the Lake Mead National Recreation Area, the Red Rock Canyon National Conservation Area, and the Spring Mountains National Recreation Area, which all surround the Las Vegas Valley. Because of this, the Act additionally provides for either Nevada or the local government with jurisdiction over a piece of land to obtain any parcel, before it goes up for disposal, to be used for public purposes under the Recreation and Public Purposes Act.

H.R. 629 Texas Low-Level Radioactive Waste Disposal Compact Consent Act
Public Law 105-236

Congress gave its consent to a waste disposal compact between Texas, Maine, and Vermont. The party states recognize a responsibility for each state to seek to manage low-level radioactive waste generated within its boundaries, pursuant to the Low-Level Radioactive Waste Policy Act, as amended by the Low-Level Radio active Waste Policy Amendments Act of 1985. They also recognize that the United States Congress, by enacting the Act, has authorized and encouraged states to enter into compacts for the efficient management and disposal of low-level radioactive waste. It is the purpose of this compact to provide the framework for such a cooperative effort; to promote the health, safety, and welfare of the citizens and the environment of the party states; to limit the number of facilities needed to effectively, efficiently, and economically manage low-level radioactive waste and to encourage the reduction of the generation of that waste; and to distribute the costs, benefits, and obligations among the party states.

H.R. 1481 Great Lakes Fish and Wildlife Restoration Act of 1998
Public Law 105-265

The Great Lakes Fishery Resources Restoration Study was a comprehensive study of the status, assessment, management, and restoration needs of the fishery resources of the Great Lakes Basin. It was conducted through the joint effort of the United States Fish and Wildlife Service, State fish and wildlife resource management agencies, Indian tribes, and the Great Lakes Fishery Commission. This study found that although the involved agencies had made significant progress toward the goal of restoring a healthy fish community to the Great Lakes Basin, additional actions and better coordination are needed to protect and effectively manage the fisheries and related resources. Congress, in this bill, repealed the Great Lakes Fish and Wildlife Restoration Act of 1990 and replaced it with this Act to provide for the implementation of recommendations of the U.S. Fish and Wildlife Service contained in the Restoration Study.

H.R. 3381 Gallatin Land Consolidation Act of 1998
Public Law 105-267

With this Act, Congress directs the Secretary of Agriculture and the Secretary of the Interior to exchange land and other assets with Big Sky Lumber Co. and other entities. Congress found that the land north of Yellowstone National Park possesses outstanding natural characteristics and wildlife habitats that make the land a valuable addition to the National Forest System and that it is in the interest of the U.S. to establish a logical and effective ownership pattern for the Gallatin National Forest, reducing long-term costs for taxpayers and increasing and improving public access to the forest. Therefore Congress authorized the Secretary of Agriculture to enter into an Option Agreement for the acquisition of land owned by Big Sky Lumber Co., which in turn has led to the willingness of other private property owners to enter into exchanges that further the purposes of this Act.

H.R. 1856 National Wildlife Refuge System Volunteer and Community Partnership Enhancement Act of 1998
Public Law 105-242

Congress found that the National Wildlife Refuge System plays an integral role in the protection of the natural resources of the United States and the National Wildlife Refuge System Improvement Act of 1997 significantly improved the law governing the System, although the financial resources for implementing this law and managing the System remain limited. By encouraging volunteer programs and donations, and facilitating non-Federal partnerships with refuges, Federal funding for the refuges can be supplemented and the System can fully benefit from the amendments made by the National Wildlife Refuge System Improvement Act of 1997. Also, by encouraging refuge educational programs, public awareness of the resources of the System and public participation in the conservation of those resources can be promoted. Therefore, Congress passed this Act to encourage the use of volunteers to assist the U.S. Fish and Wildlife Service in the management of refuges within the System, to facilitate partnerships between the System and non-Federal entities to promote public awareness of the resources of the System and their conservation, and to encourage donations and other contributions by persons and organizations to the System.

H.R. 2870 Amendment to the Foreign Assistance Act of 1961
Public Law 105-214

The purpose of this amendment is primarily to facilitate greater protection of tropical forests and to give priority to protecting tropical forests with the highest levels of biodiversity and most severe threat, by providing for the alleviation of debt in countries where tropical forests are located, thus allowing the use of additional resources to protect these critical areas and reduce economic pressures that have led to deforestation. Also, this amendment is meant to ensure that resources freed from debt in such countries are targeted to protection of tropical forests and their associated values and to rechannel existing resources to facilitate the protection of tropical forests. Congress understands that international negotia tions and assistance programs to conserve forest resources have proliferated over the past decade, but the rapid rate of tropical deforestation continues unabated. Developing countries with urgent needs for investment and capital for development have allocated a significant amount of their forests to logging concessions. In addition, poverty and economic pressures on the populations of developing countries have, over time, resulted in the clearing of vast areas of forest for conversion to agriculture, which is often unsustainable in the poor soils underlying tropical forests. Congress, from this, concluded that debt reduction could reduce economic pressures on developing countries and result in increased protection for tropi cal forests as well as economic benefits to local communities from sustainable uses of these forests.

H.R. 3035 National Drought Policy Act of 1998
Public Law 105-199

Congress passed this Act, based on several findings, to have the President appoint an advisory commission to provide advice and recommendations on the creation of an integrated, coordinated federal policy designed to prepare for, mitigate the impacts of, respond to, and recover from serious drought emergencies. The United States often suffers serious economic and environmental losses from severe regional droughts and there is no coordinated federal strategy to respond to such emergencies. Typically, drought is addressed mainly through special legislation and ad hoc action rather than through a systematic and permanent process as occurs with other natural disasters. Several federal agencies have a role in drought from predicting, forecasting and monitoring drought conditions to providing planning, technical, and financial assistance and, because of this, state, local, and tribal governments have had to deal individually with each agency involved in drought assistance. This Act will try to remedy this situation through the creation of this advisory commission.

H.R. 3042 Environmental Policy and Conflict Resolution Act of 1998
Public Law 105-156

This Act is an amendment to the Morris K. Udall Scholarship and Excellence in National Environmental and Native American Public Policy Act of 1992. It establishes as part of the Foundation created by the 1992 Act the United States Institute for Environmental Conflict Resolution to assist the federal government in implementing section 101 of the National Environmental Policy Act of 1969. It provides for assessment, mediation, and other related services to resolve environ mental disputes involving agencies and instrumentalities of the United States and complements the direction established by the President in Executive Order No. 12988. This Act also creates the Environmental Dispute Resolution Fund, to be administered by the Foundation, in order to carry out the objectives of this Act.

H.J.Res. 91 Apalachicola-Chattahoochee-Flint River Basin Compact Consent Act
Public Law 105-104

Congress gave its consent to the Apalachicola-Chattahoochee-Flint (ACF) River Basin Compact between Alabama, Florida, Georgia and the United States. The purpose of this compact is to promote interstate comity, removing causes of present and future controversies, equitably apportioning the surface waters of the ACF, engaging in water planning, and developing and sharing common data bases. This compact extends to all of the waters arising within the drainage basin of the ACF in Alabama, Florida, and Georgia.

II. FLORIDA CASES

Southern States Utilities v. Florida Public Service Commission, 714 So. 2d 1046 (Fla. 1st DCA 1998)

In a unanimous en banc decision on June 10, 1998, the First District Court of Appeal overruled its decision in Citrus County v. Southern States Utilities[26] and held that the "functional relatedness" of utility facilities and land is purely a jurisdictional concept, not a part of the Public Service Commission's (PSC) statutory ratemaking criteria, and is irrelevant to the validity of capband rates on utility's water service areas grouped by cost of service.[27] The case arose when Florida Water Services Corporation appealed an order in which the PSC denied Florida Water's request for uniform, utility-wide rates and instead set capband rates.[28] These are rates set in specific service areas grouped together by cost rather than setting rates within each of Florida Water's different service areas based on the cost of service there. Florida Water urged reversal based on the novel method used by the PSC to determine used and useful percentages of various factors that determined rates.[29]

The court further held that capband or stepped utility rates that are uniform across multiple systems are not unfairly discriminatory and are constitutional, even though they require offsetting increases and do not spread offsets perfectly evenly among households paying less than maximum rates.[30] However, before setting rates for separate classes of customers, the utility must establish and the PSC must approve a determination of the utility's overall revenue requirements.[31]

In addition, the court found that the Department of Environmental Protection's use of different language on the operating permits for wastewater treatment plants was insufficient to support a departure from prior PSC policy and its adoption of new methodology for calculating used and useful percentages for distribution and transmission systems based on equivalent residential connections.[32]

Legal Environmental Assistance Foundation v. Department of Environmental Protection, 702 So. 2d 1352 (Fla. 1st DCA 1997)

On December 18, 1997, the First District Court of Appeal in a 2 to 1 decision affirmed an order issued by the Florida Department of Environmental Protection finding that foreign nonprofit corporations holding a certificate of authority to conduct business in Florida did not have standing to intervene in a administrative proceeding involving the environment.[33] This is in spite of the section 617.1505(2), Florida Statutes, which provides that a foreign corporation with a valid certificate "has the same but no greater rights and has the same but no greater privileges asa domestic corporation of like character." The court, however, stated that the rights, duties, and privileges of a foreign corporation holding a valid certificate of authority are not always identical to those of a Florida corporation.[34] Legal Environmental Assistance Foundation (LEAF) further contended that it has standing under section 403.412(5), Florida Statutes, to intervene in an administrative proceeding claiming the action in question will injure the air, water, or other natural resource of the state.[35] Again the court disagreed with LEAF, finding that the Legislature enacted section 403.412, Florida Statutes, to extend standing to private and corporate citizens of Florida without any showing of special injury as required by the traditional rule of standing.[36] The court further remarked that it has no wish to broaden the scope of the legislation to include foreign parties not meant to be included.[37]

IV. NOTABLE BILLS PASSED DURING FLORIDA'S 1998 LEGISLATIVE SESSION[38]

CS/HB 945 Environmental Equity and Justice
Chapter 98-304, Florida Statutes

This bill, sponsored by Representative Eggelletion, creates the Center for Environmental Equity and Justice for the purpose of facilitating research, developing policies, and engaging in education, training, and community outreach with respect to environmental justice and equity issues. It also requires each state agency to include an environmental justice element in its functional plan that mirrors those of federal agencies required under Executive Order 12898 on environmental equity. A registry and tracking system is established by the Department of Health and each county health department as well to aid in data collection for research done by the new center regarding instances of adverse health effects among children and adults which may have occurred as the result of exposure to environmental hazards within the state. Finally, this bill requires each agency to provide notice to targeted population areas through specified media outlets of forthcoming actions by the agency. This bill was approved by the Governor and became effective immediately.

CS/HB 3427 Beach Management Funding
Chapter 98-311, Florida Statutes

This bill, sponsored by Representative Jones, recognizes the urgency of the problem of beach deterioration in Florida and how vital it is to the state's economy. In response, it provides for funding of a state comprehensive beach management plan for erosion control, beach preservation, restoration and renourishment, and storm and hurricane protection through the Ecosystem Management and Restoration Trust Fund. It directs designated funds be deposited in the trust fund be used to fully implement the beach management plan prior to being used for any other purpose. Further, it provides for the appropriation of certain documentary stamp tax revenues to the trust fund for purposes of beach preservation and repair. This bill was approved by the Governor and became effective on July 1, 1998.

CS/HB 3673 Conservation/Plants and Animals
Chapter 98-333, Florida Statutes

This bill, sponsored by Representative Bronson, has several provisions. First, it establishes wild harvest setbacks from shellfish leases to assist in protecting shellfish aquaculture products. It also provides for special activity licenses to be issued for the use of nonconforming gear or equipment to be used in harvesting saltwater species for scientific and governmental purposes as well as for inno vative fisheries. Special activity licenses can also be issued to permit the importation and possession of nonindigenous saltwater species for the production of marine aquaculture facilities along with providing specific management practices to prevent the release and escape of species. Further, the department may authorize any accredited person to harvest or possess indigenous or nonindigenous saltwater species for experimental, scientific, education, and exhibition purposes. This bill clarifies jurisdiction over aquaculture activities and provisions relating to aquaculture general permits. Finally, the Aquaculture Review Council must provide, by August 1 of each year, a list of prioritized research needs critical to development of the aquaculture industry. This bill became law without the Governor's signature and was effective July 1, 1998.

CS/HB 3771 Recreational Lands/Greenways/Trails
Chapter 98-336, Florida Statutes

This widely sponsored bill revises the "Florida Greenways and Trails Act" to provide certain rights and benefits to landowners who allow lands to be designated as greenways or trails, including certain protection from liability and the posting of trespass notices by the Department of Environmental Protection. It further revises the definition of "volunteer" to include persons who consent to the use of their lands as greenways or trails without compensation and requires the landowner's specific written consent for the designation of lands as a part of the statewide system. In addition, it authorizes the DEP to make rules, charge fees, negotiate with landowners, and provide incentives to certain landowners for their cooperation in the system and stipulates that mere identification of lands in planning materials shall not be construed as the designation of greenway or trail and shall not precipitate certain governmental regulations or actions. This bill became law without the Governor's signature and was effective on July 1, 1998.

CS/HB 4027 Water Resources Development
Chapter 98-402, Florida Statutes

This bill, sponsored by Representative Littlefield, provides for the implementation of minimum flows and levels in Hillsborough, Pasco, and Pinellas counties. It requires execution of a partnership plan between the governing body of the Southwest Florida Water Management District and the West Coast Regional Water Supply Authority and its member governments, by July 1, 1998. Further, it specifies minimum plan requirements including authority of the governing board to select the actions & control the allocations and expenditures necessary to implement the minimum flows and levels and to determine monetary amounts for certain mitigation. This bill also authorizes the Secretary of Environmental Protection to act on behalf of the governing board to execute the plan if it has not been executed by the above date and specifies additional considerations by the secretary in approving agreements creating water supply authorities. This bill was approved by the Governor and became effective immediately.

CS/SB 312 Water Resource Management
Chapter 98-88, Florida Statutes

This bill, sponsored by Senators Brown-Waite, Bronson, Williams, and Horne, amends section 373.223, Florida Statutes and simply provides criteria to be considered by water management districts and the Department of Environmental Protection in authorizing the transport of surface or ground water under a permit for the consumptive use of water. This bill hopes to further the goal of better water conservation within water management districts rather than transport water across districts. This bill became law without the Governor's signature and was effective October 1, 1998.

CS/SB 812 Clean Air
Chapter 98-193, Florida Statutes

This bill, sponsored by Senators Dyer, Latvala, Williams, Brown-Waite, Diaz-Balart, and Forman, creates the Florida Accidental Release Prevention and Risk Planning Act. Its purpose is to establish adequate state authorities to implement, fund, and enforce the requirements of the Accidental Release Prevention Program (ARPP) of the federal Clean Air Act Amendments of 1990. It directs the Department of Community Affairs to seek delegation from the U.S. Environmental Protection Agency to implement the ARPP and to avoid duplication whenever possible by multiple state agencies offering regulatory, inspection, or technical assistance to stationary sources. This bill requires any owner/operator of a stationary source in Florida to submit a Risk Management Plan to the U.S. EPA and pay a registration fee to the state. The state may, at any reasonable time, inspect and audit any stationary source to monitor compliance with the ARPP. This bill became law without the Governor's signature.

This action, however, still awaits official delegation from the U.S. EPA in order to be fully effective.

CS/SB 1202 Brownfields Redevelopment
Chapter 98-75, Florida Statutes

This bill, sponsored by Senator Latvala, makes several corrections to the 1997 Brownfields Redevelopment Act. It provides that closed military bases may be designated as brownfields areas and clarifies job creation criteria for the designation of a brownfields area. It also revises eligibility criteria and liability protection provisions. Impor tantly, this bill creates the Brownfields Areas Bond and Loan Guarantee Program to provide limited loan guarantees along with a council to administer the program. The bill provides for the redevelopment of brownfields areas to be part of the declaration of findings for economic development and authorizes the Florida Development Finance Corporation to determine when a brownfields redevelopment area qualifies for a limited state guaranty of revenue bonds and/or loan guarantees.

Further, it directs the Board of Regents to create a Center for Brownfields Rehabilitation Assistance at the University of South Florida to conduct research and aid in brownfields site rehabilitation. Finally, it authorizes certain counties and municipalities to apply for designation of an enterprise zone if the zone encompasses a brownfields pilot program. This bill was approved by the Governor and became effective on July 1, 1998.

CS/SB 1458 Coastal Redevelopment
Chapter 98-201, Florida Statutes

This bill, sponsored by Senators Latvala, Burt, and Bankhead, creates the Coastal Resort Area Redevelopment Pilot Program to try and remedy the continued deterioration of some coastal resort and tourist areas. This pilot program is to determine the feasibility of encouraging redevelopment of economically underutilized coastal properties to allow full utilization of existing urban infrastructure such as roads and utility lines. It will be administered in the coastal areas of Florida's Atlantic Coast between the St. Johns River entrance and the Ponce de Leon inlet. To expedite permitting for redevelopment projects within pilot program areas, the Office of the Governor, DEP and the Department of Community Affairs are directed to provide technical assistance to those seeking permits to improve these areas. The specific allowances and exceptions to what improvements can be made are found within the bill. This pilot program is set to be in effect until December31, 2002. This bill became law without the Governor's signature and was effective immediately.

_______________________________

[*] The recent developments section was researched and written by Amy Voigt, Research Editor, J.D., Florida State University College of Law (expected 2000). Return to text.

[1] See Ohio Forestry Ass'n, 118 S.Ct. 1665. Return to text.

[2] National Forest Management Act of 1976, 90 Stat. 2949 (codified as renumbered and amended at 16 U.S.C. 1604 (1995)). See also Land and Resource Management Plan, Wayne National Forest, U.S. Department of Agriculture, Forest Service, Eastern Region (1987). Return to text.

[3] See Ohio Forestry Ass'n, 118 S.Ct. at 1666. Return to text.

[4] See id. at 1668. Return to text.

[5] See id. at 1669. Return to text.

[6] See Sierra Club v. Robertson, 845 F. Supp. 485 (S.D. Ohio 1994). Return to text.

[7] See Sierra Club v. Thomas, 105 F.3d 248 (6th Cir. 1997). Return to text.

[8] See Ohio Forestry Ass'n, 118 S.Ct. at 1670. Return to text.

[9] See id. Return to text.

[10] See id. at 1671. Return to text.

[11] See id. at 1671-72. Return to text.

[12] See id. at 1672. Return to text.

[13] See Coastal Petroleum v. Chiles, 707 So. 2d 1123 (Fla. 1998), cert. denied, 118 S.Ct. 2369 (1998). Return to text.

[14] See Coastal Petroleum v. Chiles, 701 So. 2d 619 (Fla. 1st DCA 1997). Return to text.

[15] See North Carolina Wildlife Fed'n v. Tulloch, Civil No. C90-713-CIV-5-BO (E.D. N.C. 1992). Return to text.

[16] Federal Water Pollution Control Act of 1972, Pub. L. No. 92-500, 404 (codified as amended at 33 U.S.C. 1251-1387 (1995)). Return to text.

[17] See National Mining Ass'n, 145 F.3d at 1404. Return to text.

[18] 904 F.2d 1276 (9th Cir. 1990). Return to text.

[19] See id. at 1285. Return to text.

[20] See National Mining Ass'n, 145 F.3d at 1406. Return to text.

[21] See Chevron U.S.A. v. NRDC, 467 U.S. 837 (1984). Return to text.

[22] See United States v. Salerno, 481 U.S. 739 (1987). Return to text.

[23] See National Mining Ass'n, 145 F.3d at 1407. Return to text.

[24] See id. at 1409. Return to text.

[26] 656 So. 2d 1307 (Fla. 1st DCA 1995). Return to text.

[27] See Southern States, 714 So. 2d at 1049. Return to text.

[28] See id. at 1048. Return to text.

[29] See id. Return to text.

[30] See id. at 1052-53. Return to text.

[31] See id. Return to text.

[32] See id. at 1056. Return to text.

[33] See LEAF, 702 So. 2d at 1353. Return to text.

[34] See id. Return to text.

[35] See id. at 1352. Return to text.

[36] See id. at 1353. Return to text.

[37] See id. Return to text.

[38] The following bill summaries were adopted from the Florida Legislature's homepage, Florida Online Sunshine, which can be found at http://leg.state.fl.us. This website includes copies of all bills considered or passed during the 1998 Legislative Session along with other information on committee meetings and past Legislative Sessions. Return to text.