So put your engineer hat back on and acknowledge that the regulations do not allow adequate address of appeal issues before the permitting board. Their decisions, once made, are virtually impossible to appeal. Most of the environmental engineers that we use can tell from the first reply to application whether the permitting agency is seeking clarification or are looking for any reason to deny.
Get better environmental engineers. I never sent in a permit I didn't know would be accepted. The requirements for the permits are normally pretty clear, and if you can't meet them ... well maybe there is a reason. Multiple times I've had to tell the client, "Hey, this isn't going to meet X requirement as currently planned. But if you do Y, it should be good to go." They normally do Y and get their permit.
I don't want to get into the pi$$ing contest you and aging are having but I have a question. If the ruling may make the regulatory development different, isn't permitting the only thing that would really be affected? I don't think anyone wants anyone other than experts in their field to write the regulations, but I do believe you can get bureaucrats that seek only experts that support their agenda to confirm their regulations. If this would help allow for both sides to be heard, I don't see how it couldn't be anything but helpful.
Around 4 years ago, FDEP "assumed" control of the permitting formerly controlled by ACOE. Soon, hopefully, there will be a resolution of a lawsuit against the FDEP assumption. Until the assumption authority issue is settled, all FDEP 404 permits are pending, it's a mess. You may know this, just sharing for background. Started 2021 against the entire process, now just challenging authority to issue two large projects Environmentalists sue EPA over Florida takeover of wetland permits Green Groups Seek Summary Judgment in Florida Permitting Case Seven environmental groups on Tuesday asked a federal judge to grant summary judgment in their lawsuit alleging Florida’s takeover of a federal wetlands dredge-and-fill permitting program is illegal. The groups, led by the Center for Biological Diversity, claim that the Environmental Protection Agency and the Army Corps of Engineers violated the Clean Water Act in 2020 when it granted Florida’s request to assume the federal Clean Water Act Section 404 dredge-and-fill permitting program.
LOL! My side? I make my living suing the government, friend. And I don't bill my clients, so there's no profit incentive in supporting Chevron for me. Barking up the wrong tree.
DIfferent parties have input in the rule making process. How that input is prioritized can flow with the politics.
I'm not familiar with this specific case, my expertise is mainly in air pollution, but it is common for the Feds to delegate down to the states the authority to manage various programs for their state once the regs governing the program are put in place.
If I had to guess, the enviros are suing because they are not confident that Florida under Desantis will carry out the program faithfully.
And if you think public comments have any major impact on what they are going to eventually decide then I don't know what to tell you. They don't. Building officials and fire marshals I deal with are similar. The building code and fire prevention code say what they say. That doesn't stop the AHJ from deciding he wants something done just because he "thinks" the code says it. Whether it does or not.
Oh please do tell me. I mean I was only in the business for 30+ years. I would love to have a totally uninformed opinion on the matter.
No, this is just a guy with 30+ years of reg development experience who you are trying to tell that the comment period on regs are meaningless.
Ah... got it. Low self esteem trying to make sure everyone knows he's the smartest one in the room. Carry on.
i can testify to that, especially when the Audubon society and a few others sign onto the objection. anybody who doesn't recognize that hasn't been in the room
