This presentation will provide an update on major environmental law issues of interest to the environmental practitioner other than NEPA-related cases, which are covered in the NEPA case law update. Part 1 of the presentation will cover Federal issues of national interest on topics including the Clean Water Act, Clean Air Act, Endangered Species Act, RCRA, CERCLA and more. Part 2 of the presentation will cover issues of interest to Florida practitioners.

Tim J. Perry, Esq
Shareholder
Gardner, Bist, Bowden, Dee, Lavia, Wright, Perry & Harper, PA

Timothy J. Perry is a shareholder with his firm, Gardner, Bist, Bowden, Dee, LaVia, Wright, Perry & Harper, P.A., in Tallahassee, Florida. His practice concentrates on representing clients statewide in the areas of environmental, coastal, utility, land use, and administrative law. He is a frequent lecturer in his areas of practice, covering topics including wetland delineations, water use permitting, coastal resiliency, land use and zoning, the Clean Water Act, and the Clean Air Act. Mr. Perry is admitted to practice in Florida and Alabama. He is the Past-President of the Florida Association of Environmental Professionals and the Tallahassee Area Association of Environmental Professionals and is a Board Member of the National Association of Environmental Professionals.

Permit inspections can be stressful for environmental service professionals who are trying to avoid delays and cost overruns and stay in compliance. But all that is changing. In July, Florida approved virtual inspections using third-party providers with its update to The Florida Building Codes Act. The new law lets companies hire private, certified inspectors to perform virtual permit inspections without having to be physically present at the job site during the inspection. This benefits environmental professionals by reducing time spent waiting for an inspector, allowing them to finish projects faster and move quickly to the next job. It also saves money and reduces stress of in-person inspections.

Given the challenges of delayed projects and staffing shortages from the COVID-19 pandemic, environmental professionals from a variety of industries are finding themselves stuck without knowing how they can utilize virtual private providers to their benefit. This presentation covers Florida’s recent laws and amendments that have allowed private providers and virtual inspections to be used by businesses and will present the benefits of turning to a virtual service to keep their projects moving forward safely.

Anthony Perera
Founder
Inspected.com

A Florida serial entrepreneur since he was 19, Anthony Perera is always seeking to solve challenges. When the COVID-19 pandemic hit in 2020, Perera embarked on a mission to solve the problem of how companies could get permits and work within the restrictions of COVID-19. As a result, he founded Inspected.com, a virtual inspections software platform, to save travel time and money, increase efficiency, and promote a safe working environment. Inspected.com helps environmental service professionals, contractors, safety professionals, and businesses schedule, inspect, and clear permits securely anywhere remotely.

The 2021 version of the ASTM Phase I Environmental Site Assessment Standard Practice is about to be published. It contains several key editorial modifications, new terms and definitions, practical considerations, points of emphasis, and conceptual changes. Some of the changes will likely require additional effort in the performance of an ASTM compliant Phase I. Others address the more complicated issues surrounding emerging contaminants, self-directed cleanups and how these issues complicate what constitutes a recognized environmental condition, historical recognized environmental condition, or a controlled recognized environmental condition. There is a new emphasis on the recognized environmental condition definition. A flow chart and detailed breakdown of the definition itself and site examples have all been incorporated into the document's appendices.  Issues such as responsible charge and what it means to have a “likely” release have been addressed. All of these considerations will play a role in PFAS, contaminated groundwater, soil and/or sediments, brownfields, hazardous waste, golf course remediation, and the new performance requirements of a Phase 1 ESA.

Nicholas Albergo, PE, DEE, D. WRE, F. ASCE
Professor
GHD Services/University of South Florida

Nick Albergo is a professional engineer and the founder and CEO of HSA Engineers & Scientists. With nearly 400 professionals, HSA was sold to GHD in 2012. He serves on the engineering faculty at the University of South Florida. He has shaped the rules and regulations in everyday use throughout the United States as one of the primary authors of the ASTM E 1527, 1528, and E 1903 Standard Practice for Environmental Site Assessments. He has also served as the ASTM Vice-Chair on Environmental Assessment, Risk Management, and Corrective Action. He holds patents in the area of bioremediation and has authored or co-authored over 185 publications in the fields of environmental and chemical engineering.