Title: UF Law environmental & land use law newsletter
Full Citation
Permanent Link: http://ufdc.ufl.edu/UF00090858/00002
 Material Information
Title: UF Law environmental & land use law newsletter
Series Title: UF Law environmental & land use law newsletter
Physical Description: Serial
Language: English
Creator: Levin College of Law, University of Florida
Publisher: Center for the Study of Race and Race Relations, Levin College of Law, University of Florida
Place of Publication: Gainesville, Fla.
Publication Date: Spring 2007
 Record Information
Bibliographic ID: UF00090858
Volume ID: VID00002
Source Institution: University of Florida
Holding Location: University of Florida
Rights Management: All rights reserved by the source institution and holding location.


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As the academic year ends, there is change
- and smoke in the air. The change is
both global and local. The reality of climate
destabilization and the need for action by the
United States is now widely acknowledged,
in the wake of the most recent IPCC panel
reports and Massachusetts v. EPA. Locally,
when the wind shifts to the south, we smell
smoke from a wildfire in the Okefenokee
swamp over 100 miles away, reminding us of
the vulnerability human change brings to our
Florida ecosystems.
Here at UF our year has been marked by a new
commitment to creating a sustainable future. UF
President Bernie Machen has been a national
leader among university presidents. As the stories
that follow illustrate, the law school faculty and
students are building on this momentum.
Summer also heralds a seasonal change -the
annual migrations of many faculty and students.
Tom Ankersen, Thomas Ruppert, and Joan Flocks
travel to Costa Rica to teach in our Summer
Environmental Law Study Abroad program.
Richard Hamann has left for South Florida to
teach a two-week interdisciplinary field course
on the law, science, and policy of the Everglades
before leaving to teach in Botswana. Mary Jane
Angelo and Jeff Wade head to Brazil in June
to teach a short course on Environmental Law
for Brazilian judges, prosecutors and lawyers.
Our students have left for cities throughout the
country for summer jobs and externships.
Wherever this season takes you, we hope you
enjoy this report on some of the year's activities
and wish you a great summer.

Levin College of Law


Thirteenth Annual Public Interest

Environmental Conference

Tackles Sustainability

By Adrienne Dessy
Levin College of Law
PIEC Co-Chair

everyday, stories remind us that polar
bears are in danger, open space is
disappearing, water supplies are at
risk, and the list goes on is it any wonder
that environmentalists are often accused of
looking at the world through a doomsday
perspective? This year's Public Interest
Environmental Conference sought to shift
that perception to a more positive one
through exploring innovative and encourag-
ing talk, technologies and techniques that
could lead to a new "Game Plan for Green."
In particular, PIEC 2007 highlighted the need
for collaboration and cooperation among
groups with a diversity of perspectives, but a
shared commitment to sustainability.
Keynote presentations at the conference
focused on partnerships between the corporate
arena and the environmental arena, a tech-
nique that is perhaps not revolutionary, but
necessary in order to have a lasting impact.
The conference kicked off with a reception



Grant to Restore
Law School Woods

Christine Klein

Student PIEC organizers with Keynote speaker Ray
Anderson left to right Christina Storz (2L) Ryan Baya '07
Anderson, and Adrienne Dessy (3L)

at the UF President's House. It was fitting
that UF President Bemie Machen welcomed
the conference attendees. Machen's tenure has
been marked by environmental initiatives. In


Teaching in the Field

Environmental & Land
Use Law Seminars

Conservation Clinic

Conservation Clinic

UF Welcomes
Dawn Jourdan

Golf Course

2004, Machen created the UF Water Institute,
which provides a focal point for water-related
research, education and public outreach pro-
grams. And in 2005, he gave sustainability a
higher profile when he announced a series of
measures to reduce the university's impact
on the environment. UF held its first Sus-
tainability Day in late 2005, and in February
2006 the university named its first director
of sustainability.
The keynote speaker at Thursday's
reception was Jil Zilligen, vice president
of Sustainable Business Practices at Nau,
Inc., an outdoor apparel company integrat-
ing environmental, social and economic
factors, and a unique business strategy built
around sustainable business practices, inno-
vative use of technology, and philanthropic
partnerships. Zilligen's engaging presenta-
tion impressed the audience and provided
a model for thoughtful corporate involve-
ment with environmentalism.
Ray Anderson, founder and chairman
of Interface, Inc. served as the keynote
speaker for the conference banquet. With

Anderson's expertise, Interface, Inc. has
become a leader in sustainable industry by
redesigning processes and products, pio-
neering new technologies, and increasing
the use of renewable materials. As a leader
in the corporate world, Anderson truly has
the ability to galvanize similarly-positioned
company executives. His inspiring presenta-
tion provided an excellent example of his
power to persuade others to go green.
In addition, a well-attended and well-
presented Saturday morning workshop,
organized by the UF Leadership Devel-
opment Institute, encouraged effective
communication with corporate leaders.
The interactive session provided environ-
mental professionals, citizen activists,
business leaders, and government officials
with skills to improve communication and
develop relationships to promote sustain-
ability as a corporate goal.
The conference's opening plenary
session featured five leading academics,
whose presentations focused on creative
techniques for engaging market competition
as an environmental protection tool, valuing

ecosystem services, reshaping energy policy,
promoting green building, and the continued
need for litigation in attaining sustainability.
All five presentations provided a seam-
less transition into the panel presentations,
which addressed the "Talk, Technology and
Techniques" concept in more depth. Panels
fell into one of three tracks Green Design,
Green Infrastructure, or Green Institutions,
and addressed new sustainable strategies
related to a broad range of topics, including
green building standards, affordable hous-
ing, rural stewardship, ecosystem services,
corporate responsibility, the media, and
The Saturday grand finale plenary
featured a lively discussion of ethics and
sustainability, featuring Wal-Mart Vice
President for Environmental Compliance
Phyllis Harris, and former EPA Regional
Administrator for Region IV John Henry
Hankinson, who concluded with the
rousing song "Testify," written specially
for the conference and performed (with
harmonica) by Hankinson (with audience
assistance on the refrain).

ELULS Grant to Restore Law School Woods

A 3.3-acre wooded area across from the
Levin College of Law on Village Drive will be
restored thanks to a $16,300 grant from
University of Florida Student Government
and UF Physical Plant.

The Environmental and Land Use Law
Society (ELULS) developed the proposal to
restore the UF Conservation Area west of
the law school campus. The Conservation
Area is littered, subject to vagrancy and

infested with invasive exotic species that
contribute to natural habitat deterioration.
The proposal was written and coordinated
by third-year law student Ashley Henry
(pictured left), who will serve as project
manager. She said the first step will be
removing invasive exotic plant species. This
summer, they'll determine what native plant
species to introduce to the area, as well as
what facilities to build.
"We're really excited about this," said
ELULS President Christine Manning
(pictured right), whose group has
committed "sweat equity" to the project
along with the adjacent Golf View
Neighborhood Association. "A lot of our
people really like to be hands-on with
working and clearing out invasives and
other environmental problems."
The project will involve faculty and students
from five colleges, providing expertise
in botany, archaeology, landscape
architecture, geomatics and law.



Christine Klein


By Aline Baker

Environmental patriotism will
become a well-known phrase in
every household, regardless of
political affiliation, if Professor Christine
Klein has her way.
Klein is researching methods of
environmental protection and developing
the idea that conservation is a "bipartisan
family value." Simply put, Klein is a pas-
sionate believer that conservation is the
highest expression of patriotism, and one
of the best ways to ensure that the nation's
environmental wealth will be passed on to
the next generation.
Long a stalwart supporter of employ-
ing the law to protect the environment,
Klein began practicing water allocation
law in the western United States right
out of law school in 1987. She worked at
the Colorado Attorney General's Office,
focusing on an innovative state program
that acquired western-style water rights to
maintain minimum stream flows and lake
levels to preserve the natural environment.
Later she moved to Michigan State
University, where she taught water law and
studied the Great Lakes system. There, she
was intrigued by the growing opposition
to water "export" out of the Great Lakes to
other regions of the country.
Klein joined the UF law faculty in
2003. She has followed with interest the
developing debate in Florida over the
potential transport of water from water-rich
areas such as north Florida to more popu-
lated areas of the state.
Drawing from her experiences in Colo-
rado, Michigan and Florida, she argues
that "the search for new water sources
should not be the default principle of water

management." Instead, Klein is urging
a focus on reducing the demand rather
than increasing the supply. Regardless of
the region, she feels conservation efforts
can significantly whittle down the ever-
increasing demand.
"I am trying to find a middle ground to
maintain the link between land and water
and to preserve the integrity of water-
sheds," Klein said.
Her actions are gaining notice. This
past year Klein was invited to join the
Center for Progressive Reform, a network
of 50 progressive scholars from universi-
ties across the country. They are committed
to protecting public health, safety and the
environment through research, analysis,
and commentary.
She said she is honored to be affiliated
with the Center for Progressive Reform and
has joined its effort to structure the next
generation of environmental law.
Her work for the Center for Progressive
Reform parallels her research. Currently, she
is canvassing the water law of all 50 states to
identify methods of regulating the export of
water from one watershed to another. She is
particularly interested in identifying models
of sustainability currently in use that may
serve as models for other states.
"I am proud to be at a university like
UF because there is a campus-wide effort
to maintain sustainability," Klein said,
referring to the university's initiative to
become a global leader in sustainability.
"Conservation to manage demand rather
than a broad geographic search for new
supplies of water, oil, and other natural
resources is the most equitable and cost-
effective approach."


Teaching in the Field

By Jim Hellegaard

A comfortable, air-conditioned classroom
may be a wonderful setting to sit back,
listen, and take copious notes. But
for those law students studying the
environment perhaps nothing is more
valuable than getting outside-wading
through wetlands, stumbling over cypress
knees, and slipping on creek banks.
Students in the Environmental & Land
Use Law Program have numerous such
opportunities. Beginning with the basic
environmental law course, field trips
are integrated into the coursework to
supplement what students are learning in
the classroom. In the case of a new course,
Wetlands & Watersheds, excursions into the
outdoors of North Florida provide the main

teach his students.
"They get a much better context for the
application of wetlands laws and policies,"
says Hamann, research associate and
assistant director of the Center for
Governmental Responsibility. "They get to
see how it's done. They get to see how the
rules are applied. I think they're much more
interested in the topics as a result of being
able to get out there and do it."
UF Law Assistant Professor Mary Jane
Angelo often takes her students on field
S .trips so they can see first-hand some of
S, the concepts they hear about in class.
From nearby Lake Alice, where they see
how scientists make decisions related to
wetlands law, to Lake Apopka, the site of a
major restoration project, the trips are often
a real eye-opener to students, she says.
"Typically, it's not what they expected,"
Angelo says. "They start with an abstract
idea. Then they actually see it, and they
usually find that the reality differs from
their preconceptions. It gives them a feel
for how difficult some of the issues are in
the real world."

Students in Hamann's class were introduced
to local wetlands on a trip to Austin Cary
Memorial Forest, a typical north Florida pine
flatwoods ecosystem spread over 2,040
acres about six miles north of Gainesville,
which has served as a teaching laboratory
since being purchased by UF in the 1930s.
Students explored the forest's wetlands and
traced them all the way down to Newnan's
Lake on the eastern side of Gainesville.
Students returned to the lake on
subsequent trips and learned how to
determine if a body of water is navigable
and to establish the ordinary high water line
on that body of water, eventually boarding
canoes and paddling down Prairie Creek.
Another trip brought the students to the
Lochloosa Wildlife Conservation Area
southeast of Gainesville.
"We looked at a variety of different wetlands
out there and had them practice doing
wetlands delineations along the shore of
the lake and progressively moved into more
difficult areas," Hamann explains. Other
trips included a proposed development
site, where students analyzed the possible
impact and examined an area proposed
for mitigation. On yet another field trip, the
class spent a day at the Disney Wilderness
Preserve, considered the premier mitigation
site in the state.
UF law student Ashley Henry says the
Wetlands & Watersheds class was one of
her favorite law courses.
"Not only did we study wetland regulations
and case law in the classroom, but we also
had the opportunity to learn in the field,"
Henry says. "Often in environmental law there
is a disconnect between science and law.
My exposure to wetland delineation, ordinary
high water line determination, and wetland
impact/mitigation assessment, has given
me invaluable insight and will hopefully help



Environmental & Land Use Law Seminars



The Levin College of Law's Environ-
mental & Land Use Law program
kicked off its Spring 2007 Speaker
Series in January with a presentation by
the program's director, Professor Alyson
Flournoy, and UF Law students Heather
Halter and Christina Storz on the National
Environmental Legacy Act.
The series featured a selection of
nationally known scholars who came to
the Levin College of Law campus and
presented their research to Environmental
and Land Use Law (ELUL) students and
faculty. The seminars, which allow students
to explore new perspectives and sit in class
beside their professors, are part of the Cap-
stone Colloquium for certificate students,

me better bridge the gap between law and
science in my career."
Hamann has received similar feedback
from other students in the course, which
included several students from other
disciplines, including the School of Natural
Resources and the College of Engineering.
At the conclusion of the course, his
students thanked Hamann for his efforts
by presenting him with an album of photos
taken during their many trips into the field.
"It's one thing to talk about soil testing for
wetland delineation-you sort of get an
abstract idea about that," Hamann says.
"But to then go out there and actually dig
holes and learn how to analyze and look
at the soil and how it's different in different
areas gives the students, I think, a much
better appreciation of what is going on in
that kind of a process."

designed to enrich students' knowledge of
environmental and land use law. The series
includes internationally recognized schol-
ars and practicing attorneys. The speaker
series is made possible through the support
of the Environmental and Land Use Law
Section of The Florida Bar, and the law
firms of Hopping Green & Sams, P.A., and
Lewis Longman & Walker, P.A.

Spring 2007 speakers included:
*Bob Irvin, Senior Vice President for
Conservation Programs, Defenders
of Wildlife, on "The Politics of
Conservation: Critical Habitat and
Reauthorization of the Endangered
Species Act."

J.B. Ruhl, Matthews and Hawkins
Professor of Property, Florida State
University, on "Making the Common
Law Ecological: Using Ecosystem
Services to Make the Common Law a
Technique of Conservation."
Amy Sinden, Associate Professor
of Law, Temple University Beasley
School of Law, on "The Tragedy of the
Commons and the Myth of a Private
Property Solution."
Marc Mihaly, Acting Associate Dean
for the Environmental Program, Acting
Director of the Environmental Law
Center, and Associate Professor of Law,
Vermont Law School, on "Public-Private
Development Partnerships."





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New Position Supports

Conservation Clinic Collaboration

T he Conservation Clinic and
Environmental and Land Use Law
Program welcome former Conser-
vation Law Fellow Thomas Ruppert to a
new Conservation Clinic Assistant in Envi-
ronmental Law position created last fall.
Thomas, a 2003 magna cum laude graduate
of the Levin College of Law, served on the
Florida Law Review and participated in a
Costa Rica-based project for the Conserva-
tion Clinic while a student. He has been an
intern with the Land Institute in Salinas,
Kansas, and with the St. Johns River Water
Management District. He has published
several articles, worked on a number of
reports, and given numerous presentations
at conferences since joining the Clinic as a
Conservation Law Fellow in 2004.
The position Thomas fills represents
a collaboration between the Conservation
Clinic and the UF Institute for Food and

Agricultural Sciences (IFAS), to support
projects undertaken jointly with the Pro-
gram for Resource Efficient Communities
and Florida Sea Grant. The position high-
lights the leadership and vision that IFAS
has shown in designing extension services
that reflect the changing needs of Florida's
local governments and citizens.
As law school Dean Robert Jerry sees
it, the collaboration will make it easier to
find realistic and equitable legal solu-
tions to a wide range of important growth
management issues-especially those
that affect agriculture, green space, water
resources and energy. Jerry notes that smart
growth and sustainability are key issues
in Florida, and have long been a focus of
the college's environmental and land use
law program as well as a number of units
in UF's Institute of Food and Agricultural
"An interdisciplinary approach is vital
to successfully managing these areas, and
this partnership with the Extension Service
will greatly amplify available intellectual
and physical resources," Jerry said. "The
students benefit, too, by gaining hands-on,
real world experience."
The need for this type of collabora-
tion, building on the UF Extension Service
network, is clear, according to Pierce
Jones, director of the Extension Service's
Program for Resource Efficient Communi-
ties. In the next 50 years, more than 11
million new homes-along with millions
of square feet of commercial space and
thousands of miles of new roadways-will
be needed to accommodate the influx of
residents. "In order to achieve the kind
of resource-efficient growth we need, our
community planning efforts require cross
disciplinary collaboration with building

professionals, local governments, water
management districts and other agen-
cies," Jones said. PREC works with these
and other collaborators to promote the
adoption of best design, construction and
management practices in new residential
community developments that measurably
reduce energy and water consumption and
environmental degradation, he said.
In his new position, Ruppert helps with
design, execution and delivery of projects
that support enhanced Extension program-
ming in areas such as growth management,
land use, and marine and coastal policy.
In addition to serving as a mentor to law
and graduate students associated with the
Conservation Clinic, Thomas assists Clinic
Director Tom Ankersen in providing training
opportunities for Extension Faculty on legal
and policy issues related to environmental
and land use law, and in developing projects
and proposals that support the development
of outreach programs in Latin America and
the Caribbean, including the activities of the
Conservation Clinic in Costa Rica. Ruppert
is also working with local extension agents
to provide assistance to waterfront communi-
ties, and working with IFAS' Florida Yards
and Neighborhoods program to promote
adoption of Florida Friendly deed restrictions
in new development.
"Demand for clinic legal services has
been growing, and much of this has come
through requests generated by our expanding
relationship with UF's Extension Service,
which has offices in every county," Clinic
Director Tom Ankersen said. "The Conserva-
tion Clinic already has an ongoing relation-
ship with the Florida Sea Grant program
to support its coastal and marine education
programs. This new partnership will enable
us to expand the scope of our efforts."


Low Impact Development

a Focus in the Conservation Clinic

By Thomas Ruppert
Conservation Clinic Assistant in

Environmental Law

One project that has emerged from
collaboration between the Conservation
Clinic and the IFAS Program for Resource
Efficient Communities focuses on
development issues related to stormwater.
Experience has demonstrated that the
widely-used centralized stormwater
systems do not adequately protect water
quality or allow sufficient aquifer recharge.
Water resource specialists argue that a
paradigm shift in stormwater management
needs to occur. Changing development
practices to improve water quality and
aquifer recharge is part of the movement
toward "low-impact development" (LID).
At the residential level LID incorporates
bio-retention areas-also know as rain
gardens-and exfiltration structures.
Both collect rainfall and rapidly allow it to
infiltrate. They are usually small in scale
and close to the source of runoff to serve

their purposes of infiltrating rainfall quickly
and near where it falls. This small scale
often leads to placing such LID stormwater
elements on private residential lots.
Placing elements of a stormwater system
in private yards concerns regulatory
authorities who fear that homeowners
may damage or destroy the stormwater
elements. Similarly, regulators worry
about how they can ensure that the LID
stormwater elements receive proper
inspection and maintenance. Traditional
centralized stormwater systems in
residential developments are typically on
common lands owned by a homeowners
association that holds the permit. The
centralized system makes inspecting a
permitted system on the common property
of the homeowners association easy and it
also creates a single entity responsible for
permit compliance.

UF Law and IFAS are working with both
Marion County and the St. Johns River
Water Management District to address
legal concerns associated with the long-
term maintenance and operation of LID
stormwater systems. Legal work has
included research into the ability of local
governments to enforce deed restrictions
and the use of statutorily-authorized
"Community Development Districts" as
the applicant for the permitting of LID
stormwater permits by the St. Johns River
Water Management District.
The ultimate goal is to develop legal
strategies that allow implementation
of the best stormwater management
techniques science has to offer and also
provide regulators the tools needed to
ensure the environmental benefits of
permitted stormwater systems continue
in perpetuity.


UF Welcomes Dawn Jourdan

The Environmental & Land Use Law Program will welcome a new faculty member in January
2008 when Dawn Jourdan joins the University of Florida as a joint appointment with the
College of Design, Construction & Planning and the Levin College of Law.
Jourdan currently teaches at Texas A&M University's College of Architecture in the
1 Department of Landscape Architecture and Urban Planning. She earned her bachelor's
degree from Bradley University in 1996 and her J.D./M.U.P. from the University of Kansas
~'.II E in 2000. She received her Ph.D. from Florida State University in 2004.
"We're delighted to have Dawn joining us," said Alyson Flournoy, director of the ELULP. "All
the environmental and land use faculty are excited to have this joint position filled. With
Dawn's background and experience, she will bring invaluable expertise in planning to the
.. . law school and serve as a bridge to the urban and regional planning program where many
-r.. of our law students pursue joint masters degrees."
..: .' :,. An assistant professor, Jourdan will teach interdisciplinary classes in growth management
law, land use law, and affordable housing at UF.
Professor Dawn Jourdan


Legal Implications of Golf Course Conversions


The Sixth Annual Richard E. Nelson
Symposium, held in early Febru-
ary at the UF Hilton Conference
Center, assembled an unprecedented panel
of experts to discuss the legal aspects of a
growing real estate development phenome-
non in Florida and throughout the nation-
the conversion of existing golf courses into
more intensive land uses.
In many communities that are experi-
encing intense growth pressures and that
contain a shrinking inventory of developable
parcels, golf courses are being targeted for
residential, commercial, and mixed-use proj-
ects. Local government officials often find
themselves in the middle of heated battles
between neighboring residents, golfers,
builders, and environmental and conserva-
tion groups.
"It's a national phenomenon," said the
symposium's organizer, UF Law Professor
Michael Allan Wolf, Richard E. Nelson Chair
in Local Government Law. "It raises some
very fascinating questions about the role of
local government, neighborhood organiza-
tions, and the limits of zoning and planning."
In some areas, such as Myrtle Beach,
South Carolina, Wolf explained, the percep-
tion is that developers built too many golf
courses, and they are being converted to other
uses. In high growth areas such as South
Florida, golf courses are looked at as prime,
undeveloped parcels by real estate developers.
"Private golf course owners often are
finding it tough to stay in the golf busi-
ness. And so they're willing to sell out to
Symposium presenters surveyed
national trends in golf course conver-
sions; reviewed the pertinent case law;
explained the perspectives of, and special
challenges facing, attorneys representing

developers, neighbors, and local govern-
ments; debated the legitimacy of the use
of eminent domain to take a golf course;
explored relevant conservation easement
and covenant law concepts; discussed envi-
ronmental aspects of golf course operations
and conversions; and examined special
Florida law concerns and the potential for
linking conversions to the provision of
affordable housing, open space, and other
public benefits.
More often than not, Wolf said, golf
courses are being converted into residential
properties. "You have different groups that
are potentially opposed to this," he said.
"Often you have neighbors and neighbor-
hood organizations that are unhappy that
there's going to be increased congestion,
and with loss of the golf course if they
happen to belong to it."
The conversions can create headaches
for local government officials who have
to make zoning decisions and are caught
between residents who want to keep the
golf course on the one side and develop-
ers who want to build homes on the other.
Environmentalists could go either way on
an issue like this, Wolf said. While they are
often opponents of golf courses because
of the practices that they perceive to be
bad for the environment, the prospect of
bringing in thousands of new residents to
an area who are going to be watering and
fertilizing their lawns, and increasing traf-
fic doesn't make them happy either.
To facilitate discussion, Wolf brought
in attorneys who have represented all the
competing forces on this issue-neighbors,
developers, and local governments. In
addition, the symposium included local and
national experts on zoning who discussed
planning considerations. A consultant from

the National Golf Foundation discussed
conversions taking place throughout the
country, and a national director with the
United States Golf Association discussed
its program to develop courses in an envi-
ronmentally friendly way.
Several law professors also partici-
pated, including Eric R. Claeys, assistant
professor of law at the Saint Louis Univer-
sity School of Law, who debated Wolf on
the use of eminent domain by a locality to
take a golf course. Nancy A. McLaughlin,
professor of law at the University of Utah's
S.J. Quinney College of Law, discussed
the use of conservation easements, and
UF Law student Steven Wernick discussed
some of the court cases related to golf
course conversions.
This was the sixth symposium honor-
ing Richard E. Nelson-who served with
distinction as Sarasota County attorney for
30 years-and Jane Nelson, two loyal UF
alumni who gave more than $1 million to
establish the Richard E. Nelson Chair in
Local Government Law, which sponsors
the annual event.


*i-~# c~4y

Levin College of Law
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