Land Use and Environmental Law
“I think they have the best endangered species act practice in the state. They are really, really good at it.” – Chambers USA, 2016
Broad and Cassel’s Land Use and Environmental Law group has decades of experience at the federal, state and local levels before the executive, legislative and judicial branches of government.
Our attorneys are qualified to represent any property or business owner in a multitude of areas involving environmental and land use issues with regard to entitlements, permitting, litigation and regulation, including:
- CERCLA, or Superfund
- Resource Conservation and Recovery Act (RCRA)
- Occupational Safety and Health Act (OSHA)
- Clean Water and Clean Air Acts
- Hazardous and Solid Waste Regulation
- Listed Species and Habitat Regulation
- Wetlands and Other Environmentally Sensitive Lands
- Storm water and Surface Water Management and Discharge
- Underground Storage Tanks (USTs)
- Groundwater and Soil Contamination
- Civil and Criminal Enforcement
- Asbestos, Lead, Radon and Mold
- Urban and Contaminated Property Redevelopment
- Fair Housing Act
- American Disability Act
- Historical Resources
- Comprehensive Land Use Plan
- Site Plan, Plat and Construction Permitting
- Sovereign and Submerged Lands
- Coastal Land Regulation
Real estate developers and landowners benefit from the group’s knowledge and experience in these important areas:
- Developments of Regional Impact (DRIs)
- Comprehensive Land Use Plans and Amendments
- Local Zoning and Permitting Issues, including Planned Development Approvals
- Mitigation of Environmentally Sensitive Land Issues
- Special Taxing Districts
- Representation before Local and State Government, including at the administrative level and through the public hearing process
- Land Use Litigation
- Development Agreements
- Sovereignty Submerged Lands Use and Ownership Issues
- Water and Consumptive Use
- Coastal Construction
- Ordinance Drafting
A selection of recent experience includes:
- Representation of a national residential and multi-use developer in obtaining federal permits for redevelopment of marina facility involving channel/basin dredging, wetslip and dry storage construction and upland excavated basin. Broad and Cassel provided advice, counsel and alternative strategies to address significant regulatory delays, litigation and enforcement action avoidance, natural resource issues, significant historical resource issues, including interacting with regulatory agencies at the staff and policy levels on issues regarding regulatory delay, alternative permitting options, and the first implementation of a new historical resource agreement with a third party.
- Representation of a fully integrated cane sugar company with respect to their 850-acre Inland Logistics Center (ILC) located in Palm Beach County. Broad and Cassel was involved in obtaining a highly contested Land Use Plan Amendment to allow for 850 acres in western Palm Beach County to be subsequently zoned and developed as an ILC. Development of the ILC is a key economic development objective for the Glades area, and the private sector catalyst in the Glades Region Master Plan effort currently underway. The site selected required significant offsite infrastructure improvements to be constructed prior to the project becoming “shovel ready.” The Firm served as lead Land Use and Zoning counsel with respect to a Palm Beach County Comprehensive Plan amendment to allow a greater number of uses at the ILC than currently allowed, as well as a number of Unified Land Development Code (“ULDC”) amendments to provide greater flexibility to the client in connection with the ultimate development of the parcel. The changes were adopted, allowing for additional uses for the ILC, including residential, commercial and recreational uses to support the anticipated workforce. The ULDC amendments allow for less restrictive rules than on other types of similar developments.
- Representation of an international courier service regional distribution center in the navigation of two federal agencies and one state agency to obtain the federal authorization necessary to remove a nest constructed by bald eagles from a parcel of land. The project received one of the first such permits issued by the federal agency for a project that did not involve a national defense issue or a public safety issue as would be in the case for aviation-related projects.
- Representation of a real estate developer in connection with a highly controversial proposed development of approximately 3,900 homes in 350,000 square feet of commercial uses in what is known as the Rural Tier of Palm Beach County. Broad and Cassel was involved in negotiating certain conditions of approval of the Land Use Plan Amendment, language changes in the County’s Comprehensive Plan and preparing for public hearing. The project is expected to be one which will transform the northwest central portions of Palm Beach County from open space and grove lands to bustling residential communities.
- Representation of a multi-faceted Florida company in connection with Comprehensive Plan amendments, Land Use Plan amendments and Rezoning of 143 acres to allow for the development of in excess of 3,000,000 square feet of light industrial and warehouse uses. The matter was highly controversial in part due to the location of the property and the area known as the Everglades Agricultural Area. It is intended that a large portion of the property would be used for a series of data centers which would be one of the first large commercial data centers in Florida.
- Representation of a national multi-family developer with regard to contaminated groundwater. The client located and placed under a contract to purchase and redevelop an existing parking lot in the urban downtown core of a Florida west coast city. There was contaminated groundwater at the site originating from the past presence of a gas station. The State of Florida was obligated to clean up the contamination, but this would delay project construction. Broad and Cassel worked with the client, its environmental engineers and agency personnel to quickly develop and implement a strategy that would complete the assessment and cleanup of the contamination in advance of project construction, obtain site closure prior to the completion of project construction and to include design opportunities for the State of Florida to complete the cleanup of the historic discharge.
- Representation of a large Florida homebuilder in connection with a highly controversial proposed development of approximately 3,900 homes in 350,000 square feet of commercial uses. Broad and Cassel was successful in obtaining a 6-1 approval by the County Commission for Comprehensive Plan Amendments and Land Use Plan Amendments for the project to be transmitted to the State Department of Economic Opportunity for State Agency review. After review by the state department of Economic Opportunity and other state agencies, the Firm was successful in obtaining a 6-1 approval by the Board of County Commissioners at the Adoption hearing. The project is now approved subject to any appeals by stakeholders and/or the State Department of Economic Opportunity. Our attorneys were involved in negotiating certain conditions of approval of the Land Use Plan Amendment, language changes in the County’s Comprehensive Plan and preparing for public hearing. The project is expected to be one which will transform the northwest central portions of Palm Beach County from open space and grove lands to bustling residential communities.
- Representation of a fully integrated cane sugar company in connection with proposed changes to local land development to protect against limiting uses on property owned by our clients and to assure that the code adequately enunciates farmers’ right to farm and right to construct non-residential farm buildings which is insured by Florida Statutes.
- Representation of a national retail, commercial and mixed-use development company for the acquisition and development of a nearly 17.0 acre parcel in Orlando, Florida off of International Drive within walking distance to Universal Studios Florida. The parcel will be developed with two hotels, multi-family, retail, nationally branded restaurants and urgent care facilities. Broad and Cassel negotiated the purchase contract with the seller that included both the purchase of the land and vested traffic concurrency, closed the purchase and will be responsible for negotiating the sale of the hotel and multi-family parcels, in-line retail leases, ground leases and the land use entitlements.
Chamber USA Testimonials:
“The track record has been impeccable. The firm puts a lot of emphasis on continuing education firmwide and their associates and paralegals continue to stay knowledgeable in the field. They keep everything very current in a changing world. They have multiple offices throughout the state and can stay in tune with whatever is happening in the local climate.” – Chambers USA 2016
“The group is client-oriented and sets the goals upfront.” – Chambers USA 2010