Pre-Forum Workshop

Presenters: 

Michael R. Goldstein, Esq., Managing Partner, The Goldstein 

Environmental Law Firm, PA.

Panelists:

Jorge R. Caspary, P.G., Senior Principal, Montrose Environmental Solutions

Robyn Neely, Esq., Chair, Environmental and Natural Resources Practice, Akerman, LLP

Howard E. Nelson, Esq., Partner, Head of Environmental Practice, Bilzin Sumberg

Neil Campbell, Project Director/Operations Manager, SCS Engineers

Workshop Description:

As of the 2022 Agricultural Statistics Census, Florida has 47,300 farms and ranches utilizing 9.7 million acres. According to data from the Florida Department of Environmental Protection, approximately 232,000 dry tons of Class AA biosolids are land applied in Florida for agricultural use annually.  According to the National Biosolids Data Project, more than 2 million dry tons of biosolids were used on 4.6 million acres of farmland in 2018.  It’s now well understood, even more than it was just one year ago, that land application of biosolids from wastewater treatment plants can result in the widespread deposition of PFAS in soil and leaching to groundwater among other exposure pathways. This creates numerous questions for Florida lawmakers, regulators, private sector practitioners, and developers, where the high rate of conversion of agricultural lands to other land use types, with its emphasis on single family home and multifamily residential developments, creates legal, financial, construction, public health, and reputational risk for parties that elect not to evaluate the historical application of biosolids prior to taking title.  This panel will present the scientific basis for the PFAS/biosolids connection, survey recent developments nationally, including the dairy farm crisis that emerged in Maine in 2020 and the regulatory response to it, summarize a path-setting strategy for land application of biosolids issued by the Minnesota Pollution Control Agency in 2024, interpret the findings of the Environmental Council of the States’ 2022 state-by-state national survey of management strategies for biosolids containing PFAS, and discuss industry practices in Florida regarding pre-acquisition due diligence and brownfield redevelopment challenges (and opportunities) as applied to agricultural sites.  Audience participation will be encouraged.

Michael R. Goldstein, Esq., Managing Shareholder, The Goldstein Environmental Law Firm, P.A

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. 

Jorge R. Caspary, P.G., Senior Principal, Montrose Environmental Solutions

With a rich background as a former Director of the Florida Department of Environmental Protection (FDEP) Hazardous Waste Cleanup Division and leadership roles in environmental consulting firms, Jorge offers a unique perspective on nationwide environmental challenges. Jorge is widely recognized as an industry leader and expert in emerging contaminants, specifically per- and polyfluoroalkyl substances (PFAS). He is frequently sought after for his expertise in PFAS at both state and federal policy levels, serving as a technical expert in PFAS product-defect federal litigation.

His contributions also extend to being a primary organizer of Florida’s PFAS Coalition, collaborating with cities, counties, airports, and seaports to address PFAS issues statewide alongside the Florida Legislature and FDEP. Jorge’s impact on contaminated site cleanup and environmentally sustainable land reuse in Florida is revolutionary. He is a trusted resource for complex environmental challenges, including site contamination, brownfields, Superfund, RCRA sites, and risk-based site closures.

Robyn Neely, Esq., Chair, Environmental and Natural Resources Practice, Akerman, LLP

Robyn Neely is chair of Akerman's Environment and Natural Resources Practice. She focuses her practice on environmental site contamination issues related to real estate and corporate sales, acquisitions, and leases, including pre-acquisition, pre-leasing, and pre-foreclosure due diligence analysis. Robyn's 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.

Howard E. Nelson, Esq., Partner, Head of Environmental Practice, 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. 

Neil Campbell, Project Director/Operations Manager, SCS Engineers

As a Project Director, Neil is responsible for developing programs, coordinating resources, and ensuring client satisfaction for the Environmental Service Business Line. Since starting his career in 1991, he has completed solid waste, hazardous waste, environmental assessment, compliance audits, and other environmental projects for state, municipal, and private clients. 

Project experience includes feasibility studies, due diligence investigations, facility siting, site investigations, environmental studies, permitting, design, remedial and construction services. Facilities have included landfills, big box retail chains, retail petroleum facilities, and transportation agencies. Other projects have included waste composition studies, rate studies, compliance audits, site assessments, and the preparation of various procurement documents.