144 So. 3d 622
Fla. Dist. Ct. App.2014Background
- Appellants petitioned FDEP after Allied Universal and Chem-Tex settled to remediate soil/groundwater at a bleach-manufacturing facility.
- The settlement was an enforcement-focused agreement, not a permit, license, or authorization.
- Appellants sought automatic standing under section 403.412(6) for environmental non-profit corporations with 25 members in the county.
- ALJ dismissed for lack of standing; FDEP adopted the dismissal and issued a final order.
- Court reviews agency statutory interpretation de novo but affirms if the agency’s reading is reasonable; here the statute is not ambiguous and does not cover third-party challenges to settlements.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing under 403.412(6) to challenge the settlement | Appellants rely on 403.412(6) automatic standing | Settlement is not a permit, license, or authorization; statute does not cover settlements | Appellants lack standing under 403.412(6) |
Key Cases Cited
- Capo v. Fla. Pub. Emps. Council 79, 82 So.3d 1116 (Fla. 4th DCA 2012) (reasonable agency interpretation given statutory context)
- Brown v. City of Vero Beach, 64 So.3d 172 (Fla. 4th DCA 2011) (language governs plain meaning in statutory interpretation)
- GTC, Inc. v. Edgar, 967 So.2d 781 (Fla. 2007) (word-by-word analysis aids proper construction)
- Samples v. Fla. Birth-Related Neurological, 40 So.3d 18 (Fla. 5th DCA 2010) (plain language analysis governs interpretation when unambiguous)
- Hecht-man v. Nations Title Ins. of N.Y., 840 So.2d 993 (Fla. 2003) (textual and statutory construction principles)