Clearing The Air: Pollution Notification In Florida

By Daniel Thompson, Berger Singerman LLP (January 10, 2017, 4:21 PM EST) -- On Dec. 30, 2016, an administrative law judge with Florida's Division of Administrative Hearing, Judge Bram D. E. Canter, issued a final order striking down a proposed rule of the Florida Department of Environmental Protection entitled "Public Notice of Pollution." As explained in my July 29, 2016, blog, the proposed rule was intended to replace a FDEP-issued emergency rule that by Florida law was effective for only 90 days. As with the emergency rule, the proposed rule would have significantly increased pollution notification requirements.

The proposed rule applied to any person who is an owner or operator of an "installation," a...

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