Florida forces environmentalists to prove environmental damage before regulatory action taken:

Bill: HB 993 (PDF)

Sponsored by Reps. Gaetz, Roberson, Dorworth, et al (Rules and Calendar Committee, Government Operations Subcommittee, Rulemaking and Regulation Subcommittee), and signed into law by Gov. Rick Scott in 2011, HB 993 requires all agencies to undertake a comprehensive review of the economic impact of their respective rules and shifts the burden of proof in certain administrative proceedings to the nonapplicant third party petitioner. Makes it easier for developers, mining firms and others to overcome environmental permit challenges, shifting the burden of proving environmental damage to the challenger.

Also: “Lawmakers approve controversial permitting bill”

“Sierra Club warns that HB 993 shifts burden of proof to the party challenging a developer’s license, permit, or conceptual approval”

Advertisements