Law Commons^™

Florida's Development Of Regional Impact Process, Practice, And Procedure, Alfred Lloyd Frith

Florida State University Journal of Land Use and Environmental Law

This Article sets forth and analyzes the Development of Regional Impact (DRI) Process and suggests changes which should be made to improve the process under the Florida Environmental Land and Water Management Act. The Article discusses how to determine whether a project is a DRI subject to regulation under chapter 380, Florida Statutes. The Article also discusses various DRI review procedures, including regular DRI review, coordinated review process, master development approval, substantial deviations, and area-wide development plans. The Article explains the appeals process under chapter 380, including standing, procedure and scope of review. The Article concludes that if the DRI …

Balancing Economic Growth And Air Pollution: Prevention Of Significant Deterioration And The Protection Of Florida's Future, Enola R. Tobi

Florida State University Journal of Land Use and Environmental Law

This Article researches the history of the Prevention of Significant Deterioration (PSD) program of the Clean Air Act, which serves to protect air quality in areas of the nation where the air is cleaner than the national ambient air quality standards. The Article also attempts to align the goals of the PSD program with those of the State of Florida, and proposes a system of administration that would accomplish these goals with the fewest restrictions. Finally, the Article analyzes the present methods adopted by other states, as well as those proposed by economists, industry members and environmentalists.

The Valuation Of Wetlands, Kathryn Gale Winter Cowdery, Karl Scheuerman, J. Christopher Lombardo

Florida State University Journal of Land Use and Environmental Law

This Article asserts that an understanding of wetland valuation requires consideration of many disciplines, including biology, chemistry, social sciences, economics, and state and federal law. The authors explain that wetland valuation is dependent upon the definition of "wetland" in the area under study and the surrounding situation, and conclude that if practitioners understand the major points of wetland appraisal, they will be able to present hearing officers and judges with relatively sophisticated, comprehensive, and accurate information upon which rulings can be based.

Administrative License Renewal And Due Process -- A Case Study, Delcianna J. Winders

Florida State University Law Review

Scholars have recently noted the paucity of scholarship on administrative licenses as especially significant given the prevalence-indeed ubiquity-of administrative licenses today.This Article contributes to filling that void by tackling an aspect of administrative licensing that has received especially little attention and, as a result, has been a source of serious confusion: license renewals. As this Article details, administrative license renewal practices raise interesting and important questions about administrative law and procedural due process. Does one have a property interest in a license after that license expires by its terms? Is an agency's decision not to renew a license more akin …

#Betterrules: The Appropriate Use Of Social Media In Rulemaking, Stephen M. Johnson

Florida State University Law Review

No abstract provided.

A Rose By Any Other Name: Florida's Return To Consolidated-Tomoka, Jacqueline Van Laningham

Florida State University Law Review

No abstract provided.

Legislative Delegations And The Elections Clause, Derek T. Muller

Florida State University Law Review

No abstract provided.

Presidential Control Across Policymaking Tools, Catherine Y. Kim

Florida State University Law Review

Over the past quarter century, administrative law scholars have observed the President’s growing control over agency policymaking and the separation-of-powers concerns implicated by such unilateral exercises of power. The paradigmatic form of agency policymaking—notice-and-comment rulemaking—mitigates these concerns by ensuring considerable oversight by the courts, Congress, and the public at large. Agencies, however, typically have at their disposal a variety of policymaking tools with which to implement White House goals, including the issuance of guidance documents and the strategic exercise of enforcement discretion. While commentators have drawn attention to the risk that agencies will circumvent the extensive checks associated with rulemaking …

Implementing A Carbon Tax In Florida Under The Clean Power Plan: Policy Considerations, Chris Hastings

Florida State University Law Review

No abstract provided.

Governing Hydraulic Fracturing Through State-Local Dynamic Federalism: Lessons From A Florida Case Study, Courtney Walmer

Florida State University Law Review

No abstract provided.

National Security Rulemaking, Robert Knowles

Florida State University Law Review

Agencies performing national security functions regulate citizens’ lives in increasingly intimate ways. Yet national security rulemaking is a mystery to most Americans. Many rules—like those implementing the National Security Agency’s vast surveillance schemes—remain secret. Others are published, but the deliberations that led to them and the legal justifications for them remain hidden.

Ordinarily, these rules would undergo the Administrative Procedure Act’s notice-and-comment process, which has earned wide, if not universal, praise for advancing democratic values and enhancing agency effectiveness. But a national security exception from notice-and-comment in the APA itself, along with the overuse of classification authority, combine to insulate …

Reconsidering Regulatory Uncertainty: Making A Case For Energy Storage, Amy L. Stein

Florida State University Law Review

This Article begins the complex dialogue that must take place to address the emerging technologies providing energy storage for our electricity grid. Energy storage has the capacity to be a game-changer for many facets of our grid, providing better integration of renewable energy, enhanced reliability, and reduced use of carbon-intensive fuels. Energy storage faces a number of obstacles, however, including technological, financial, and regulatory uncertainty. This Article focuses on the regulatory uncertainty, and defends the proposition that not all regulatory uncertainty is created equal. It argues for differential treatment of this uncertainty, depending on its context, scope, and source, and …

Control And Governance Of Transmission Organizations In The Restructured Electricity Industry, Charles H. Koch, Jr.

Florida State University Law Review

No abstract provided.

1999 Amendments To The Florida Administrative Procedure Act: Phantom Menace Or Much Ado About Nothing?, David M. Greenbaum, Lawrence E. Sellers, Jr.

Florida State University Law Review

No abstract provided.

A Table Of Requirements For Federal Administrative Rulemaking, Mark Seidenfeld

Florida State University Law Review

No abstract provided.

Florida's Expedited Permit Review Process: Streamlining The Development Of Florida's Economy, Carolyn Raepple

Florida State University Law Review

No abstract provided.

How The Glitch Stole Christmas: The 1997 Amendments To The Florida Administrative Procedure Act, Stephen T. Maher

Florida State University Law Review

No abstract provided.

Loosening The Chains That Bind: The New Variance And Waiver Provision In Florida's Administrative Procedure Act, Donna E. Blanton, Robert M. Rhodes

Florida State University Law Review

No abstract provided.

The 1996 Revised Florida Administrative Procedure Act: A Survey Of Major Provisions Affecting Florida Agencies, Jim Rossi

Florida State University Law Review

No abstract provided.

Legislative Checks On Rulemaking Under Florida's New Apa, F. Scott Boyd

Florida State University Law Review

No abstract provided.

The 1996 Florida Administrative Procedure Act's Attorney's Fees Reforms: Creating Innovative Solutions Or New Problems?, Elizabeth C. Williamson

Florida State University Law Review

No abstract provided.

1994 Apa Legislation: The History, The Reasons, The Results, David Gluckman

Florida State University Law Review

No abstract provided.

Reforming The Apa: Legislative Adventures In The Labyrinth, Sally Bond Mann

Florida State University Law Review

No abstract provided.

1994 Proposals For Rulemaking Reform, Lawrence E. Sellers Jr.

Florida State University Law Review

No abstract provided.

A Traveler's Guide For The Road To Reform, F. Scott Boyd

Florida State University Law Review

No abstract provided.

Getting Into The Act, Stephen T. Maher

Florida State University Law Review

No abstract provided.

A Brief History Of Selected Apa Bills In The 1994 Session

Florida State University Law Review

No abstract provided.

Putting The Genie Back In The Bottle: The Legislative Struggle To Control Rulemaking By Executive Agencies, Dan R. Stengle, James Parker Rhea

Florida State University Law Review

No abstract provided.

Pat Dore: A Rememberance, Alaine S. Williams, Robert F. Williams

Florida State University Law Review

No abstract provided.

Patricia Ann Dore -- A Personal View, Thomas B. Gaines, Jr.

Florida State University Law Review

No abstract provided.