Rewriting the Rules: Institutional Controls, PFAS Accountability & Florida’s Brownfields Surge
Moderator: Robyn Neely, Esq., Partner, Chair, Environment and Natural Resources Practice, Akerman LLP
Panelists:
Laurel Lockett, Esq., Shareholder, Carlton Fields, P.A.
Michael Stag, Esq., Partner, Stag Liuzza, LLC
Howard Nelson, Esq., Partner, Government Relations & Land Development, Bilzin Sumberg
Michael Goldstein, Esq., Managing Shareholder, The Goldstein Environmental Law Firm, P.A.
Michael Larson, Esq., Partner, Akerman LLP & President-Elect & Board Member, Florida Brownfields Association, Inc.
Florida’s remediation and redevelopment landscape is evolving rapidly, with new legislation, innovative legal strategies, and updated institutional control practices reshaping the path forward. This opening session will provide a multifaceted view of the latest policy, legal, and regulatory developments that are driving change.
Key topics include:
Together, these topics will equip attendees with the knowledge to navigate Florida’s new Brownfields era, address the complexities of PFAS liability, and apply cutting-edge institutional controls to real-world remediation projects.
Robyn Neely, Esq., Partner, Chair, Environment and Natural Resources Practice, Akerman LLP
Robyn Neely focuses her practice on environmental site contamination issues related to real estate and corporate sales and acquisitions, and leases, including pre-acquisition, pre-leasing and pre-foreclosure due diligence analysis. Her practice also includes managing the investigation and remediation of contaminated properties and brownfield redevelopment including innovative solutions to risk management with risk based corrective actions. Her clients include private equity firms, homebuilders, residential apartment developers, hotels and resorts, lenders, international manufacturers, cell tower developers and service providers, municipal governments, and REITs throughout the United States.
Robyn’s comprehensive environmental experience includes the assessment and remediation of sites impacted by arsenic, petroleum, chlorinated solvents, chlorinated pesticides, PCBs, asbestos, and radon, and involves risk-based closures and other alternative strategies for site closure, as well as environmental compliance matters including defense of enforcement actions under CERCLA, RCRA and state environmental laws. Her experience also has included industrial wastewater, air quality, landfills and hazardous waste. In consultation with engineers, geologists, and other technical experts, she assists with environmental due diligence, compliance and risk assessments and develops practical and cost-effective strategies to address existing contamination, or environmental violations.
Robyn is consistently recognized by legal publications, including Chambers USA and Best Lawyers of America, which named her a Lawyer of the Year for Environmental Law.
Laurel Lockett, Esq., Shareholder, Carlton Fields, P.A.
Laurel Lockett practices in the areas of environmental law and commercial real estate. She has substantial experience with cleanup, purchase, sale and redevelopment of brownfields and other contaminated sites, including manuscripting of environmental insurance policies and other creative solutions to risk management, including risk based corrective action and alternative closure strategies. She also has substantial experience with redevelopment of federal superfund sites, industrial and domestic wastewater, storage tank regulation, landfill, PCB, used oil, hazardous waste, and air permitting and regulation. In addition her experience extends to the resolution of environmental enforcement matters, negotiation of prospective purchaser/BFPP agreements with state and federal agencies, consent orders, remediation plans and terms of conditional closure associated with the cleanup of hazardous waste, petroleum, chlorinated solvents, PFAS, and other contaminants with local, state, and federal environmental agencies, redevelopment of those sites and other environmental aspects of real estate and commercial transactions, including asbestos and indoor air quality issues, vapor intrusion, and lead based paint.
Michael Stag, Esq., Partner, Stag Liuzza, LLC
Michael G. Stag is the Chief Executive Officer and Managing Partner at Stag Liuzza. A seasoned litigator, Mike is known for his work in environmental and toxic tort law, having secured over $300 million in settlements and more than $1 billion in jury verdicts. He pioneered Technologically Enhanced Naturally Occurring Radioactive Material (TENORM) litigation and is passionate about holding corporations accountable for environmental harm. Mike earned his MBA and Juris Doctorate from Loyola University in New Orleans and has represented clients in landmark cases, including a $1.056 billion verdict against ExxonMobil. He resides in New Orleans with his family.
Howard Nelson, Esq., Partner, Government Relations & Land Development, Bilzin Sumberg
Howard has more than 30 years of experience in environmental law and land development. He represents clients throughout all phases of the development process from site location through permitting and construction, as well as in permit appeals and defense of environmental enforcement matters.
Howard represents several national homebuilders throughout Florida and the eastern United States in pre-acquisition site analysis and post-acquisition remediation. He works closely with a network of environmental professionals, including engineers and planners. He also represents a variety of other types of businesses in contamination assessment and remediation.
Howard has extensive experience representing clients in complex wetland matters, including issues related to protected and sensitive wetlands, preservation efforts and enforcement defense.
Michael Goldstein, Esq., Managing Shareholder, The Goldstein Environmental Law Firm, P.A.
Howard has more than 30 years of experience in environmental law and land development. He represents clients throughout all phases of the development process from site location through permitting and construction, as well as in permit appeals and defense of environmental enforcement matters.
Howard represents several national homebuilders throughout Florida and the eastern United States in pre-acquisition site analysis and post-acquisition remediation. He works closely with a network of environmental professionals, including engineers and planners. He also represents a variety of other types of businesses in contamination assessment and remediation.
Howard has extensive experience representing clients in complex wetland matters, including issues related to protected and sensitive wetlands, preservation efforts and enforcement defense. Michael R. Goldstein, Managing Shareholder of The Goldstein Environmental Law Firm, P.A., and a Martindale-Hubbell AV Preeminent and Chambers and Partners rated attorney, practices exclusively in the areas of environmental law and environmental redevelopment for a broad range of clients, including retail, residential, and industrial developers, public and private companies, real estate funds, lenders, and local governments. A major aspect of Mr. Goldstein’s environmental legal practice involves support of real estate and business transactions, including managing pre-acquisition and pre-leasing due diligence investigations; structuring, negotiating, and drafting environmental provisions in purchase, lease, and development agreements; and assisting lenders evaluate and limit the risk of exposure to environmental liability in connection with new loans and potential foreclosures. In addition, he works closely and extensively with real estate development principals and engineering, planning, and design professionals to help coordinate federal, state and local regulatory approvals for complex retail, industrial, residential, mixed use, and marina related projects throughout the State of Florida.
Mr. Goldstein’s practice has a heavy emphasis on the remediation, financing, and beneficial reuse of contaminated sites and involves a broad array of Brownfields related transactional, administrative, regulatory, legal, legislative, and policy work for clients in both the private and public sectors. He has developed a national reputation as one of the leading and most innovative Brownfields practitioners in Florida, working on important and precedent establishing projects as well as heading up or participating in numerous local, regional, state, and federal environmental restoration initiatives. On a statewide level, Mr. Goldstein was the founding Chairman of the Florida Brownfields Association and served as its Chairman and/or President for the first five years of the organization’s existence. Mr. Goldstein’s tenure as Chairman and President was distinguished by his commitment to elevating environmental justice and public health as critical areas of emphasis for business, community, regulatory agency, and local government stakeholders. In 1996, the Miami-Dade County Commission appointed him Chairman of the Miami-Dade County Brownfields Task Force, a post that he held until the committee’s business was completed in 2004. In January 2006, Mr. Goldstein was appointed to serve on the Advisory Board of the Bureau of National Affair’s highly respected Environmental Due Diligence Guide, which serves as a national reporting, editorial, and opinion forum for environmental transactions and related Brownfields and policy matters. In 2008, he founded and funded the Goldstein Brownfields Foundation, which is dedicated to empowering economically and health disadvantaged individuals and communities with scholarships, programming, and resources to restore polluted land, revitalize neighborhoods, and protect public health. The Goldstein Brownfields Foundation also focuses on increasing the ethnic and gender diversity of lawyers working in the environmental arena through academic scholarships, educational and career programming, and professional mentoring. In 2009, Mr. Goldstein was appointed to the Executive Committee of the National Brownfields Coalition, an affiliation of private and public sector stakeholders working in the U.S. Congress to advocate for improvements in environmental redevelopment policy and legislation.
Michael Larson, Esq., Partner, Akerman LLP & President-Elect & Board Member, Florida Brownfields Association, Inc.
Michael Larson is an environmental attorney who routinely advises clients on a range of complex environmental law issues arising in litigation, regulatory, and transactional matters. In addition to handling environmental disputes regarding environmental liability and administrative challenges to agency action, he frequently assists clients with the cleanup, reuse, repurposing, and redevelopment of Brownfield sites and other contaminated or distressed properties throughout Florida. Michael closely guides clients through the intricate process of obtaining environmental regulatory closure of contaminated sites. As part of these efforts, he works effectively with a network of environmental and engineering professionals. Michael also counsels clients on applying for, and seeking the transfer and sale of, Voluntary Cleanup Tax Credits awarded under the Florida Department of Environmental Protection's Brownfields Redevelopment Program.
In addition, Michael's practice involves performing and managing significant environmental due diligence in connection with real estate and corporate transactions across the country. He routinely aids clients with assessing potential environmental risks associated with transactions and assists with risk management strategies, including the procurement of environmental insurance policies. He also advises on a range of complex environmental permitting and compliance matters, including the transfer of permits as part of completed transactions.
Michael has been recognized in Best Lawyers in America for Litigation - Environmental and in the Florida edition of Super Lawyers as a Rising Star in Environmental.