- Uptick in Redevelopment of Contaminated Sites
– This trend is evident both for impacted sites in
general and for those formally in the state of Florida's (EPA)
Brownfields Program, which provides economic and regulatory
incentives to encourage voluntary cleanup and redevelopment of
commercial and industrial sites that are abandoned and underused
due to contamination, according to the Florida Department of
Environmental Protection's website. We expect this trend to
continue due to increased interest in doing business in Florida and
the surge of capital into the state, especially in South
Florida.
- Infrastructure Challenges – With more
people moving to Florida, the state needs new and resilient
infrastructure. Infrastructure-related challenges require solutions
that address a variety of environmental concerns, including
wetlands permitting, mitigation and mitigation availability,
solid-waste treatment and disposal, and other related issues.
Addressing these issues will be at the forefront for various
government entities in 2024.
- Polyfluoroalkyl Substances (PFAS) –
Uncertainty persists regarding federal and potential state efforts
to regulate PFAS and other "forever chemicals."
Addressing the challenges that forever chemicals pose will require
additional funding to employ the necessary technology and water
infrastructure designed specifically for this purpose. The
regulatory impact of PFAS on otherwise closed sites is also a
challenge for the regulated community, including real estate owners
and operators.
- Climate Change and Ongoing Regulations –
Climate change issues, such as rising sea levels, continue to
affect developers and commercial property owners in Florida. In
2024, we expect continuing regulatory action and enforcement from
the state in the form of building code changes and structural
inspections for aging residential and other buildings.
- Sackett Ruling Impact on Florida – The U.S. Supreme Court ruling in Sackett v. EPA, which narrowed the jurisdictional scope of wetlands regulations under the Clean Water Act, has led to uncertainty around whether local governments or the state will attempt to fill any purported regulatory void the decision creates. We will likely see some ramifications of the Sackett decision play out in 2024.
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