Susan L. Stephens
119 South Monroe Street, Suite 300
Tallahassee, FL 32301
850.222.7500
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Experience
- Represents clients before various federal, state, regional, and local environmental agencies in connection with obtaining environmental permits for regulated activities, including handling administrative challenges to proposed and final permits, with particular emphasis on resource extraction, wetland, wastewater, submerged lands issues and wildlife permitting and regulation.
- Represents clients before the Florida Department of Environmental Protection on various rulemaking and policy development initiatives, including development of Florida’s Title V Air Operating Permit Program, National Pollutant Discharge Elimination System (NPDES) Wastewater Permitting Program, and Total Maximum Daily Load (TMDL) and Impaired Waters Rule Programs, as well as rulemakings addressing wellhead protection, surface waters regulation, sovereign submerged lands, and wetland regulation.
- Represents clients before various federal, state, and local environmental agencies on compliance and enforcement matters associated with environmental permits and regulated industrial and commercial activities including NEPA compliance.
- Provides counsel and advice regarding the applicability and interpretation of various federal, state, and local environmental laws and regulations.
- Experience includes conducting environmental due diligence reviews in the course of real estate transactions at state, multi-state, and multi-national levels.
- Experience includes work with phosphate and limerock mining operations, phosphoric acid, fertilizer and feed manufacturing operations, power generation and transmission operations, paper mill operations, developers, and chemical blending and manufacturing, among others.
Education
- Ohio Northern University, B.A. with high distinction, 1989
- Florida State University College of Law, J.D., with highest honors, 1993
Bar and Court Admissions
- Florida Bar, 1993
- U.S. District Court, Northern District of Florida, 2003
- U.S. District Court, Middle District, 2011
Professional Affiliations
- American Bar Association
- Florida Bar Association,
o Member, Environmental and Land Use Law Section (ELULS)
o Member, Administrative Law Section (ALS)
o Member, Continuing Legal Education Committee, 2005-2008
o Member, Florida Bar Journal Editorial Board, 1998-2002
Awards and Recognition
- Member, Order of Coif, 1993
Publications and Presentations
- Has served as speaker/lecturer on environmental issues at a number of conferences and seminars, including presentations on wetlands, compliance issues, NEPA, mining regulation, Florida environmental regulatory developments, administrative and environmental due diligence matters, including most recently:
o Florida Chamber of Commerce Growth Management Conference, 2011
o Florida Mine Safety Health & Environment Conference, 2010 and 2011
o Northwest Florida Mining Summit (conference organizer & speaker), 2009 - Articles authored include:
o “On Appeal,” a regular column appearing in the ELULS Reporter, which highlights the appeal of significant environmental cases (co-author through 2006)
o “Army Corps to Initiate Three Regional Mining EIS Projects,” ELULS Reporter (10/2010); HGS Environmental Update (8/20/2010)
o “Summary of Recent Lake Belt Biological Opinion, Appellate Case, and Record of Decision/Permitting,” HGS Environmental Update (2/19/2010)
o “Federal Appellate Courts Continue to Split on Clean Water Act Jurisdiction Test,” HGS Environmental Update (2/23/2009)
o “Clean Water Act Jurisdiction: Corps South Atlantic Division Orders Use of Significant Nexus Test; U.S. DOJ Won’t Bring Enforcement Unless Both Significant Nexus and Continuous
Connection Tests Are Met,” Co-author – HGS Environmental Update (8/1/2008)
o “DEP Urges Use of State Treasury as Escrow Agent for Financial Responsibility Tests,” HGS Environmental Update (8/1/2008)
o “Fish & Wildlife Develops a Habitat ‘Tool’ for the Audubon’s Crested Caracara,” HGS Environmental Update (3/19/2008)
o “Florida Waters: Significant Cases in the Works” (2005)
o “TMDLs and Impaired Water Listings: The Saga Continues” (2003)
o “Florida DEP Sends Out MACT Hammer Letters” (2002)
o “SWANNC Revisited: Is Rulemaking in the Works or Must the Corp Regional Offices Make It Up As They Go?” (2002)
o “Florida Department of Environmental Protection Rulemaking Activities” (2001)
o “Corps Jurisdiction Narrowed” (2001)
o “New ‘Tulloch Rule’” (2001)
o “Florida TMDL Rulemaking Efforts” (2000)
o “Reissuance of Storm Water Multi-Sector General Permit for Industrial Activities” (2000)
o “Supremes to Review Two Environmental Cases” (2000)
o “Florida DEP Addresses TMDLs” (2000)
o “EPA Proposes Economic Benefit Penalty Policy” (1999)
o “Ozone and PM 2.5 Air Standards” (1999)
o “Florida Impaired Waters” (1999) - Treatise publications authored or co-authored include:
o Environmental Law Institute, Law of Environmental Protection Treatise, Air Chapter
o Florida Bar Association’s Administrative Law Treatise, Chapter 8
Community Involvement
- Tutor, Wesson Elementary School, 2000—2003
- Coordinator, Reading is Fundamental program for Wesson Elementary School, 2001—2002
- Participant in RIF book distributions/readings at Wesson Elementary School, 2001—2005
- Director, Sonshine Players (drama/puppet troupe), Killearn United Methodist Church, 2001—2007
- Large Group Leader, Children’s Sunday School, Killearn United Methodist Church, 2003—Present
- At-Large Member, Executive Children’s Council, Killearn United Methodist Church, 2005—2007.
- Trustee, Killearn United Methodist Church, 2007-2010
- Actor & Drama Team Co-Leader, KidStuf, Killearn United Methodist Church, 2009-present
- Co-chair, HGS Habitat for Humanity Build Committee, 2010-present
- Chiles High School Swim Team parent volunteer, 2010-present
- ATAC Swim Team parent volunteer, 2006-present
- Cub Scout Leader, 2006-2010
- Boy Scout Troop Committee Member, 2010-present
Susan L. Stephens Practices in: Administrative Law, Due Diligence and Regulatory Compliance, Endangered and Threatened Species Protection, Litigation, State-owned Lands, Water and Wastewater Utility Regulation, Water Resources, Water Use/ Consumptive Use Permitting, Wetland Regulation and Mitigation Banking