Plus, another shift in wetlands authority
Wetlands permitting authority in Florida will return to the federal government for now, new high-tech storm-resistant homes are now being built in factories in South Florida, and there’s a renewed fight in Congress on a just-implemented SEC climate disclosure requirement on publicly-traded companies. It’s all in this week’s Environmental and Engineering Digest.
The Florida Everglades. Courtesy, Fla. Dept. of Environmental Protection
Shift in Wetlands Authority Denied: U.S. Circuit Judge Randolph Moss has finalized his decision to reject a shift in wetlands permitting authority from the U.S. Army Corps of Engineers to the Florida Department of Environmental Protection. These wetland permits are required for many vital pieces of infrastructure, including roads, bridges, hospitals, schools, all the way down to water quality projects in the Florida Everglades. In late 2020, the EPA approved transfer of authority to Florida, only the third state to gain such approval. Environmental organizations protested. Subsequently, Moss found that the basis of the EPA’s approval, known as the “incidental take statement,” breached the federal Endangered Species Act and was “facially and legally flawed.” An incidental take is a situation or allowed activity that could lead to harm or death of an endangered species. Now that this take has been dismissed, Florida needs to propose a new program for EPA approval. In a court filing, the involved plaintiffs stated maintaining federal control of permitting would allow the clearest path forward and help crystalize developer interest and planning for future projects. The judge, addressing concerns his ruling will create “regulatory limbo,” said the Corps is prepared to review permits as the case is appealed to a higher court.
Onx Homes On Alba development in Homestead, FL. Courtesy, Onx
High-Tech Homes of Tomorrow: Texas based home building firm Onx has come to the Sunshine State to manufacture with a big promise – networks of one-system homes that they say can be built in 30 days and withstand Category 5 hurricane conditions. Onx’s new 150,000-square-foot “X+ System Factory” just off I-95 near Pompano Beach employs 50 people and a crew of robots to produce roofing and wall components, including storm-resistant windows that can withstand gusts of up to 175 mph. Currently, there are no individual sales of the homes; rather, anyone interested must buy in one of 12 Onx communities underway in Florida, with the company handling land purchasing, development, manufacturing and implementation from start to finish. Almost 1,800 people have already made this switch with Onx promising competitive pricing in some of the nation’s toughest housing markets, such as Miami and Austin, Texas, where stiff building codes and regular storms can spell problems for homeowners on a budget. The company has voiced its plans to expand across the Florida peninsula, already hunting for land to develop in Broward County, Palm Beach, and in Pompano Beach proper.
Overturning SEC Climate Rule: The Securities and Exchange Commission’s (SEC) new climate disclosure rule that passed in early March this year has drawn heavy criticism from Republicans on the House Financial Services Committee, culminating in a resolution sent to the full U.S. House of Representative to overturn the measure. The rule requires climate risk, including some emissions, be included in statements by publicly-traded companies, including costs and losses from severe weather events. Detractors against the motion insist it provides the public with key information on how companies conduct all levels of their business, and want the rule to go further to include Scope 3 emissions, such as greenhouse gases. The nine lawsuits brought against the rule will now be heard by the 8th U.S. Circuit Court of Appeals on a consolidated basis – which caused the SEC to voluntarily halt its implementation pending the outcome of case..
LMA Newsletter of 4-29-24
