Monday, September 14, 2020

Blurred Ethical Lines -- LEWIS, LONGMAN & WALKER Law Firm Represents Florida Governments AND Businesses, and It Empowers Developers --- Conflicts of Interest?



Florida corporate lawyer TERRY LEWIS's controversial law firm makes dozens of damning admissions on the website of the law firm of LEWIS, LONGMAN & WALKER, whose partners are  obstructing member accountability and investigative reporting on Florida Mosquito Control Association, Inc..

 

LLW represents Florida governments and businesses.  It represents the Florida Mosquito Control Association, Inc., which represents Florida mosquito control districts. FMCA has as its conflicted President, one DONNE POWERS, a mid-Alabama resident, a retaliatory, conflicted malathion marketer from FMC Corporation.

 

From the website of the law firm of LEWIS, LONGMAN & WALKER:


GOVERNMENTAL LAW

We know government. Many of us have worked inside state agencies and local governments. We know the issues faced by governments, the special challenges and the special trust they hold to protect the public interest. This is not some abstract concept for us, it’s part of what we do—part of who we are. That’s why we see the issues of local governments differently.

For 25 years, we have developed an in-depth understanding of the issues affecting governments and have applied that understanding in innovative and cost-effective approaches to legal challenges, finding mutually beneficial resolutions to disagreements, including intergovernmental disputes and mediations.  Our litigators also defend governments and special districts as necessary.

We have served as general and special counsel for Florida cities, counties, school boards, charter schools, value adjustment boards and special districts. Our special district clients include fire districts, community development and redevelopment districts, mosquito control districts, major airports, utilities, deepwater ports and regional drainage and water management districts. We have attorneys that are board certified by the Florida Bar of Legal Specialization and Education in City, County and Local Government Law.

We have been actively involved in the development and implementation of every significant special district statute enacted by the Florida Legislature. We have successfully worked to codify the special acts and charters governing more than 30 special districts. In 2010, Terry E. Lewis was awarded the Lifetime Achievement Award by the Florida Association of Special Districts for his 30 years of service to them. In 2015, Terry E. Lewis received the Florida Bar’s City, County and Local Government Law Section’s Ralph A. Marsicano Award for his contributions to local government law. The award is the oldest and most prestigious given out by the Section.

An important component of our government practice is public pension, labor and employment law. Pension benefits are one of the most important and costly fringe benefits for government employees. The operation and funding of public pension plans is subject to complex federal and state laws and regulations. We work closely with plan sponsors, boards of trustees, actuaries and labor counsel to ensure compliance with relevant laws and regulations, and to implement effective cost-containment strategies. We also advise public employers on a wide range of pension issues, and prepare plan documents and amendments. We have represented numerous cities, pension boards and individuals in pension-related litigation and appeals.  For more information about our Public Finance practice, contact William G. Capko.

Employee relations and benefits are critical to the success of any organization. Although Florida is an “at-will” employment state, employers must deal with many complex federal and state laws that govern nearly every aspect of the employer-employee relationship.

We provide our government and special district clients advice and counsel on:

  • Ad Valorem Taxes and Non-Ad Valorem Assessments
  • Avoidance of Employment Claims
  • Brownfields
  • Climate Change and Sustainability
  • Compliance with Federal and State Regulations
  • Condemnation and Inverse Condemnation Actions
  • Community Redevelopment
  • Constitutional Issues
  • Defense Against Wrongful Termination, Discrimination, Sexual Harassment and Whistleblower Claims
  • Environmental Issues
  • Energy and Renewable Energy
  • Governmental Retirement Issues, Including Plan Design, Evaluation of Compliance with Federal and State Laws, Plan Amendments, Legislative Representation and Litigation
  • Growth Management and Local Comprehensive Planning
  • Intergovernmental Relations and Agreements
  • Public Pension, Labor and Employment Matters
  • Land Use Matters
  • Litigation in State, Federal and Administrative Proceedings
  • Local, State, and Federal Permitting
  • Municipal Conversion/Incorporation of Special Districts
  • Preparation and Revision of Personnel Policies
  • Public Finance and Bond Matters
  • Public Infrastructure
  • Public Records, Sunshine and Ethics Law
  • Public Private Partnerships
  • Public Procurement and Bid Protests
  • Public Property Acquisition and Pre-Purchase Due Diligence
  • Retirement Issues
  • Rule Development
  • School Board and Charter School Issues
  • Workplace-Related Litigation

For more information, contact James W. Linn, Chair – Government.

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LEGISLATIVE, LOBBYING AND GOVERNMENTAL AFFAIRS

We think that too often people boast about who they know, not what they know. We see things differently. Of course, you need to have friends. But real friendship is based on mutual respect, dependability and trust. That is the foundation on which our legislative and governmental affairs work is based.

We are committed to ensuring client issues are heard. More than visibility, we pride ourselves on our reputation for being smart and fair. We fight for our clients and their issues. We seamlessly combine our substantial legal experience with our knowledge of the legislative and regulatory processes.

Credibility, visibility, accessibility and likability are equal parts of the lobbying mix. We know what to do to efficiently achieve your objectives and move through all the legislative, regulatory and political processes.

We represent clients before the Legislature, Governor and Cabinet, state agencies, local governments, governmental commissions and public-private partnerships. We have earned a solid reputation in event and meeting planning for legislative functions.

For more information on this practice area, contact Lori E. H. Killinger, Chair – Legislative Lobbying and Governmental Affairs.

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ENVIRONMENTAL AND NATURAL RESOURCES LAW

We live in a complex world. From technology to the interdependence of economics, businesses and governments are faced with balancing the management of our resources with our rights to use them. This complexity is also found in federal, state and local regulations to protect and allocate resources. This presents governments, individuals and businesses with difficult and potentially costly management challenges.

Here’s how we see it: Natural resources are available for our use, but we have a responsibility to comply with the rules that protect them. Our firm effectively manages the tension between the two to craft solutions for our clients. We are able to do so because of our experience as regulators and scientists, and because we are problem solvers. It makes us different.

We work with your team to efficiently manage and resolve the issues you encounter at every level of government. Whether you need approval or relief from the government, to resolve compliance issues, or advice on your specific circumstances, we will be there to help through the process. We assist our clients in a variety of matters involving the U.S. Army Corps of Engineers, the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service, the National Marine Fisheries Service, the Florida Department of Environmental Protection, Florida’s Water Management Districts and multiple other federal, state and local regulatory agencies. We can help you understand how the Clean Water Act, the Endangered Species Act, the National Environmental Policy Act, and the seemingly infinite array of other federal, state, and local environmental laws and regulation affect your business, property and rights. We are ready to defend those rights through litigation, when necessary.

Our unique blend of training and experience include:

  • Air Quality: Air Emissions Permitting and Enforcement, Noise Pollution and Indoor Air Quality
  • Asbestos Assessment and Abatement
  • Basin Management Action Plans (BMAPs)
  • Brownfields area designations and Brownfield Site Rehabilitation Agreement (BSRA) execution
  • Brownfields Redevelopment, and State and federal Brownfields incentives, including grant and tax credit applications
  • Brownfields legislation and rule development
  • Clean Water Act permitting and administrative, civil and criminal representation
  • Coastal Construction
  • Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) negotiation, corrective actions and cost recovery
  • Consumptive Use
  • Docks and Marinas
  • Dry-Cleaning Solvent Contamination and Regulation
  • Environmental Due Diligence in Real Estate (Purchase and Leasing) and Business Transactions
  • Phase I and II Environmental Site Assessment (ESA) review and liability evaluation
  • Evaluation of environmental risks in transactions
  • Contracting to ensure indemnification or to preserve client rights
  • Environmental assessment and remediation
  • Environmental Permitting and Enforcement
  • Everglades
  • Habitat protection
  • Hazardous waste management and disposal
  • Industrial and domestic waste
  • Landfill and recycling facility permitting
  • Mitigation banking
  • Mold Assessments and Cleanups
  • National Environmental Policy Act (NEPA) compliance and litigation
  • Negotiation of consent agreements and permit conditions
  • Noise pollution
  • Permitting and enforcement
  • Petroleum and Chemical Storage Tank Contamination and Regulation
  • Public-Private Partnerships (P3)
  • Protected species
  • Radon assessments and mitigation
  • Regulatory response development and penalty negotiation
  • Rivers and Harbors Act
  • Rulemaking and Administrative Rule Challenges
  • Site location and assessment
  • Soil, Surface Water and Groundwater Assessment and Remediation
  • Sovereign submerged lands
  • Stormwater permitting, management, and planning
  • Superfund, Hazardous and Solid Waste
  • Sustainability
  • Total Maximum Daily Loads (TMDLs)
  • Toxic Substances Control Act (TSCA) and Emergency Planning and Community Right-to-Know Act (EPCRTKA) reporting
  • Water rights
  • Water quality issues and investigations
  • Wetlands permitting

For more information about this practice area, contact Alfred J. Malefatto, Chair – Environmental and Natural Resources.

Click here to review Notices of Note.

LAND USE AND REAL ESTATE LAW

We assist clients across the state as they acquire, entitle, sell, manage and defend the present and future value of their land. From waterfront properties to inland ranches, from developed parcels to raw land, we know Florida real estate and the governments and agencies who regulate it. We can assist you with all aspects of your real estate transactions from acquisition and permitting to development and ultimate sale.  We anticipate potential issues and tailor resolutions to our clients’ needs to ensure that good projects move smoothly through the process. We litigate real estate and land use development issues in all administrative and judicial forums. We also represent clients on land use and real estate issues before the Florida Legislature. With our unique blend of government and private sector experience and our state-wide perspective, we see things differently.

Our areas of land use and real estate law experience include:

  • Agricultural Development Issues including Agricultural Enclaves
  • Airport and Seaport Development
  • Annexations and Incorporations
  • Areas of Critical State Concern
  • Building and Construction Permits
  • Campus Master Planning
  • Code Enforcement and Notices of Violation
  • Construction, including Coastal Construction
  • Community Redevelopment
  • Developments of Regional Impact (DRI)
  • Development Orders, including Zonings, Site Plans, Conditional Use Permits and Variances
  • Due Diligence
  • Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps
  • Financing and Mortgage Related Issues
  • Foreclosures
  • Green Building
  • Interlocal and Development Agreements
  • Land Development Regulations and Zoning Codes
  • Litigation, including Comprehensive Plan Consistency and Compliance Challenges
  • Roadways and Linear Infrastructure Projects
  • Platting and Subdivision of Property
  • Preparation of Easements, Restrictive Covenants and other Recorded Instruments
  • Purchase and Development Contract Drafting, Negotiation and Enforcement
  • Residential and Commercial Closings
  • State and Local Comprehensive Planning, including Sector Planning
  • Title Insurance and Title Related Disputes
  • Transportation Planning including Concurrency

 

For more information on this practice area, contact Tara W. Duhy, Chair- Land Use and Real Estate Law. 


ADMINISTRATIVE, CIVIL AND APPELLATE LITIGATION

When litigation is necessary, we won’t hesitate to go to court. But escalating emotions doesn’t help anyone. We see things differently. We focus on the result. We have extensive experience before all levels of state and federal trial and appellate courts and administrative tribunals. Our representation often involves challenges to, or defense of regulatory and environmental permits, land use and zoning decisions, licenses, and state procurement contracts and purchasing decisions. Our team also handles commercial litigation, including commercial and construction contracts, non-compete agreements, foreclosures, and real property disputes.

Our litigators have extensive experience in state and federal appellate courts, including federal Courts of Appeals around the country and the United States Supreme Court.

While we litigate when necessary, we recognize opportunities to resolve client disputes in other creative ways, including through arbitration or other alternative dispute resolution procedures. Many of us serve as mediators in complex litigation matters. Several of us are certified mediators and have served as special masters on local government enforcement matters.

Trial Court Decisions

Federal Environmental Permitting, Clean Water Act, Endangered Species and NEPA

Land Use and Zoning Approvals

Docks, Marinas and Riparian Rights

Bid Protests and Public Procurement

Employment and Public Pension Law

Annexation

If you have any question about any of the court opinions listed or would like additional information about other cases handled by our Administrative, Civil and Appellate Litigation Team, please contact Kevin S. Hennessy, Chair – Administrative, Civil and Appellate Litigation Practice Area.


REAL ESTATE DEVELOPMENT

We assist property owners, developers and governments across the state as they acquire, entitle, sell, manage and defend the present and future value of their land. We litigate real estate development issues in all administrative and judicial forums. We also represent clients on real estate development issues before the Florida Legislature. We look at what Florida was, what it’s become and see the possibilities for the future. We see it differently.

For more information on how we can assist you with your real estate development, see the following Practice Areas:

For more information on this Industry Group, please contact Kenneth W. Dodge, Chair – Real Estate Development.


UTILITIES

We handle regulatory matters for electric, oil and gas pipeline and terminals, telecommunications and water and wastewater.  We have extensive experience in handling regulatory matters involving municipally and privately-owned utilities.

With smart planning and positioning, utilities can ensure that they (and their customers) are protected today and in the future. Many of us bring engineering, environmental science and regulatory expertise to the challenge. It gives our clients unique experience to draw on, to count on.

We represent the public and private sector on legal issues unique to utilities such as:

  • Administrative, Civil and Appellate Litigation
  • Brownfields
  • Business and Corporate
  • Environmental
  • Electric
  • Intellectual Property
  • Land Use and Zoning
  • Legislative, Lobbying and Governmental Affairs
  • Natural Resources
  • Public Finance
  • Oil and Gas Pipeline and Terminals
  • Telecommunications
  • Water and Wastewater
  • Water Resources

For more information on this Industry Group, contact Wayne E. Flowers, Chair – Utilities.


MANUFACTURING

The manufacturing industry group is dedicated to addressing your needs through both a thorough knowledge of the law and an intimate understanding of your industry.  Our approach is facilitated by having attorneys who are not just experienced and knowledgeable in the law but have worked in manufacturing, have engineering, science or technical backgrounds, or have owned their own businesses.  We have have been a longtime supporter of the South Florida Manufacturers Association, the First Coast Manufacturers Association, the Bay Area Manufacturers Association and the Manufacturers Association of Florida.

In addition to a focus on industry as well as the law, we understand the need for efficiency and are organized to provide you with the benefit of a team approach while avoiding redundancy or duplication of effort when collaborating. The result is an unusually efficient approach that proposes effective and timely results for clients, not delay or excess.



NATIVE AMERICAN LAW


We are committed to serving Indian Country.  Our guiding principles are centered on providing personalized service for each tribe’s unique goals and needs.  Our experience working with Indian Country affords us the ability to better understand the challenges faced by tribal governments and resolve them in a thoughtful manner.  Our experience assisting and representing tribal governments includes: Environmental and Natural Resources, Cultural and Historic Resources, Self Determination and Tribal Governance, Litigation, Real Estate, Fee- to- Trust Application, Tribal Infrastructure and Capacity, Governmental Affairs, and Economic Development and Business/Corporate Affairs.  Our practice was founded on the commitment to advance the interests of individual tribes, both on and off reservation lands.  We further that commitment by working with tribes to achieve their goals.  This approach builds a collaborative relationship, promoting self-determination and sovereign governance, rather than dependence.

 

Cultural Resources

It has been our experience that preservation of traditions, heritage, and culture on and off reservation lands is paramount to tribes to exist as culturally distinct people.  We work with tribes, assisting in developing tribal capacity to manage and protect cultural values and resources.  This collaboration includes, but is not limited to, assisting in: the protection of culturally significant sites, federal and state consultations, development of agreements, development of on and off reservation protocols, assumption of federal programs on reservation lands, development of governmental frameworks, development of mechanisms to increase tribal capacity, and movement of fee lands into trust.  When it comes to preservation of cultural values and resources, we are devoted to serving tribes so that future generations will know what it means to be a member of their respective tribe.

 

Self Determination, Tribal Governance and Capacity

It has been our experience that the right to live the way the tribes choose to live, is deeply personal and paramount to tribal governments.  Despite policy statements from federal and state agencies claiming to promote self-determination and sovereignty, tribes are often faced with many obstacles in being able to govern themselves in culturally traditional ways.  We are committed to work with tribes to overcome those obstacles and create opportunities for the tribes to choose their own destiny.  Self-governance encompasses the ability to manage education, healthcare, law enforcement, child welfare, legal services, natural resources, housing, economic development, and elder care, among others. We collaborate with tribal governments to assist with: developing culturally appropriate governmental frameworks, negotiating agreements to assume federal and state programs, developing tribal capacity to govern themselves, and developing mechanisms to manage tribal resources.  We are committed to assisting each individual tribe achieve their vision of what self-determination and sovereignty means to them.

For more information, contact Stephen A. Walker, Chair of the Native American Law Practice Group at swalker@llw-law.com or by calling 561.640.0820.



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