Editorial: Environment in Florida

01 November 2007

Tallahassee-based Hopping Green & Sams is rated “the top environmental firm in the state”, with an “excellent reputation”, and accordingly it hosts six individuals on these pages. Wade Hopping emerges as a leading light, praised as “the dean of the Florida environmental bar” by one prominent source. He is “well respected and active in lobbying and regulatory matters” and has participated in the drafting and passage of a number of laws, including the Florida Forever Act, the Florida Power Plant Siting Act and the Growth Management Act. His land use practice was also noted. The “very capable” Frank Matthews was consistently endorsed for his environmental permitting and wetlands practice. Dubbed “one of the best litigators in the state”, he emerges from our findings with nothing but praise. “Excellent” Ralph DeMeo is “very bright” and past chairman of the Florida Bar environment and land use section. He is widely published and represents private and public clients on environmental, land use, administrative, and civil law and litigation. William Green was recommended as “technically strong”, having a PhD in chemistry from the University of South Carolina. His knowledge of restoration activities in the Florida Everglades was praised. Peter Cunningham comes recommended as an “outstanding air quality lawyer”. His expertise has benefited electric utilities and manufacturers of sugar, pulp and paper, cement, phosphate, cement, steel and glass. The “first-rate” Gary Sams completes the firm’s showing here, his work for utilities especially prized. With such a strong bench, sources hailed the firm’s “superb regulators and lawyers” as “the strongest in the state”.

Holland & Knight LLP also boasts an excellent contingent here, with four individuals divided between Tallahassee, Orlando and Miami. Orlando-based Roger Sims chairs the water resources team and is “one of the finest surface water permitting lawyers around”, according to one prominent rival. His land use practice was also lauded, an area in which he has an “excellent and well-deserved reputation”. Lawrence Sellers practises out of Tallahassee and is “well known for land use”, one source noting his credentials as an “excellent lawyer” for matters relating to “trash, recycling and garbage”. Lawrence Curtin, also in Tallahassee, is rated as “top notch, outstanding and experienced”. Respondents highlighted the strength of his industrial licensing and permitting practice, particularly on behalf of electric utilities and cogenerators. He has also represented chemical manufacturing and mining companies in the siting of their facilities and in the preparation and issuance of environmental impact statements required under various federal statutes. Miami-based Joseph Gary Goldstein is rated as “one of the best land use lawyers in the state”, with clients including large corporations, developers and property owners drawn from sectors such as sports, retail, health care, education, industrial and office development. Goldstein’s expertise in land use is coupled with local environmental work such as hazardous waste and permitting.

Lewis Longman & Walker PA has “lots of very fine environmental lawyers” and a “sustained” reputation. Four of its number appear here. Terry Lewis in the West Palm Beach office is hailed as “top flight” and an “outstanding lawyer”. Lewis represents over 50 regional and local, general and special purpose governments on issues relating to the Clean Water Act, the National Pollutant Discharge Elimination System (NPDES), resource permitting, the Endangered Species Act and developments of regional impact. He is also a “good lobbyist” and has represented government and private clients in various state and federal agency rule-making proceedings. Stephen Walker practises out of the same office and from 1985 to 1991 was general counsel at the South Florida Water Management District. Before that, he held a similar position at the Southwest Florida Water Management District. His wetlands and permitting work was noted, and he works on behalf of waste and water utilities, developers, local governments and agriculture. Wayne Flowers in Jacksonville has a similar background, having served as general counsel of the St Johns River Water Management District from 1988 to 1996. He is recommended as “very knowledgeable on the Clean Water Act” and was also noted for his endangered species work. Stephen Lewis in Tallahassee is known for his coastal environment and endangered species practice.

The “wonderful” Alfred Malefatto practises in the West Palm Beach office of Greenberg Traurig LLP and was praised as “an excellent environment lawyer and a gentleman” by one leading player. Malefatto enjoys an impeccable reputation for environmental work and is rated as “one of the top land use lawyers in Palm Beach County” by a rival. He draws his clients from Fortune 500 companies, developers, small businesses and local governments. The “very experienced” Clifford Schulman in Miami “has a broad practice and can do anything well”. Schulman co-chairs the firm’s national environmental practice and is said to be a “guru” when it comes to land use. Highlights include serving as special counsel to Broward and Hillsborough counties in matters of environmental concern. He has also represented a number of developers on issues relating to land use, planning, coastal construction, zoning, permitting and Federal Emergency Management Agency compliance. David Weinstein joined Greenberg Traurig in July 2006 to set up the  Tampa office. Weinstein enjoys a reputation as “one of the best nationally recognised environment litigators”, clients including SYSCO, Cardinal Health, Mosaic, Coronet Industries, and MacDill Federal Credit Union.

Carlton Fields PA is also well represented, with three individuals appearing here. Nancy Linnan leads the government law and consulting practice and was described as a “great lawyer and a good person”. Rated by one source as “a premier lawyer and a very good negotiator”, she is said to be “technically excellent”. Linnan is particularly strong for land use and growth management and emerges as one of Florida’s leading lights. Roger Dean Schwenke is based in Tampa and rated as “outstanding and very competent”. He also appears in the real estate chapter, and his environmental, land use and secured financing practices were highlighted. Laurel Lockett practises out of the same office and is a “great technician”, according to one prominent rival. Lockett is also strong in environment and commercial real estate and completes Carlton Fields’ excellent showing on these pages.

Akerman Senterfitt is another firm with a “first-rate environment department”, its three featured lawyers having significant experience representing businesses, government entities and public-private partnerships on a wide range of environmental issues. Michael Goldstein leads in terms of nominations and is one of Florida’s premier brownfields practitioners. His sterling reputation led one source to note, “Michael is a very competent brownfields lawyer and, if asked to refer work, I would always turn to him”. Silvia Alderman served as deputy general counsel of the Florida Department of Environmental Regulation and focuses on environmental and land use law. An “outstanding” and “smart” lawyer, she serves as wetlands counsel for a top 10 Fortune company among others. William Pence is “well known for hazardous waste and contamination issues”, with an “excellent reputation”. Representative clients include Central Florida Gas, Chesapeake Utilities, Florida Public Utilities and KFC, and highlights include representing clients from the aerospace and high-tech industries on hazardous waste compliance issues, Superfund clean-ups and Resource Conservation and Recovery Act (RCRA) closures.

Ruden McClosky Smith Schuster & Russell PA boasts the considerable expertise of Mary Smallwood, former general counsel to the Florida Department of Environmental Regulation, now known as the Department of Environmental Protection (DEP). Smallwood is rated as “the go-to person at the firm” and an “extremely well qualified administrative and environmental lawyer” who “belongs on any list of the best”. Sources noted her skills on surface water permitting issues. Donald McClosky also fared well in our research, singled out as a “fierce, dogged, charming, honest and well-respected land use lawyer”. McClosky has practised in the field for over 45 years and enjoys a reputation as “one of the foremost land use lawyers in the state, if not the country”. Oertel Fernandez Cole & Bryant PA is the final firm with more than one entry, and both are based in Tallahassee. Terry Cole is “an excellent state lawyer with impeccable credentials” while Kenneth Oertel is feted as “vastly experienced”.

While the firms profiled above boast more than one entry, a number of individuals also performed particularly well, none more so than the “outstanding” John Barkett at Shook Hardy & Bacon LLP in Miami.

Barkett is an “excellent litigator” and his work relating to Superfund and hazardous waste is said to be particularly noteworthy. Douglas Halsey is based in the Miami offices of White & Case LLP and enjoys an “excellent reputation” as “one of the best litigators in Florida”. Sources “love to practise with, and hate to practise against” Halsey, and his litigation credentials are matched by a strong reputation for regulatory and transactional work. Tallahassee firm Young van Assenderp PA appears thanks to the high regard in which Philip Parsons is held. A “first-rate professional”, he has represented agricultural and land-based interests in the state and has worked on behalf of the Florida Sugar Cane League. Prior to joining Berger Singerman PA, Daniel Thompson served as deputy secretary of the DEP and now brings his experience to bear in private practice. Thompson is “exceedingly well thought of” within the Florida Bar and is particularly strong on environmental negotiations. An “excellent regulatory lawyer”, his practice focuses on environmental and land use issues.

Thomas Maurer is in the Orlando office of Foley & Lardner LLP and previously served as deputy general counsel for the DEP. Maurer is “well qualified” and “very good”, his hazardous waste work said to be particularly noteworthy. He is also active on air pollution, underground storage tanks, groundwater contamination and siting of controversial projects. Stanley Price at Bilzin Sumberg Baena Price & Axelrod LLP also performed exceptionally well, one source praising him as a “wonderful lawyer, a gentleman – the greatest of competitors”. Called “the best in town for land use”, Price is “very good at what he does”.

William Preston practises at his own firm in Tallahassee and was variously described as a “first-rate professional” and “an outstanding environmental lawyer”. With over 25 years’ experience in the field, he represents corporate and government entities and smaller businesses and individuals on water, waste and transactional issues. His solid and hazardous waste work was also noted, particularly on underground storage. Frank Hearne at Mechanik Nuccio Hearne & Wester PA was praised for a “great technical background” and represents developers, manufacturers, agricultural, industrial, manufacturing, mining and petroleum interests in the environmental arena. An “experienced attorney”, Hearne covers areas such as contaminated soil and groundwater, air and water discharge and Superfund. Rick Burgess at Gunster Yoakley & Stewart completes our breakdown. An “excellent litigator”, he has worked on natural resource damages, water pollution, solid and hazardous waste and groundwater contamination. His regulatory practice was also commended.

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