Water and Wastewater Utility Regulation
Providing water to meet Florida's rapidly growing needs has consumed the attention of state economic and environmental regulators, as well as public and private utilities, for the past several years. The cost of providing drinking water, water to irrigate lawns and golf courses, and the cost of disposing of wastewater in an environmentally acceptable manner continues to increase. The fact that local governments sometimes find themselves in the conflicting position of both utility provider and economic regulator for competing private utilities makes the dynamics of providing these critical services even more challenging.
Faced with consumers who simply do not want to see rate increases, the industry has had a difficult job convincing its economic regulators to make decisions that take into account the fact that utilities must be financially healthy in order to attract the significant capital needed to comply with stringent new environmental regulations, and to be sure that facilities keep pace with growth. Our firm, representing the industry association, educated lawmakers on the need to have economic regulatory law complement, rather than contradict, environmental requirements. The result was a significant change in the law that allows private water and wastewater utilities to take advantage of economies of scale and to conduct sound environmental planning designed to ensure that service is available when needed.
Our firm's lawyers have a comprehensive understanding of the industry's environmental regulatory issues and its economic realities, having represented private sector companies before the Public Service Commission and local economic regulators for years. We work regularly with environmental, economic, financial and engineering consultants to prepare and process rate cases, applications to expand certificated territories, or filings seeking approval to become new utility providers. Often these proceedings are vigorously contested, either by consumers or the Public Counsel. When negotiations and settlement opportunities fail, we are well versed in the hearing process required. 
Our firm also works routinely with state, regional, and local regulators to obtain the environmental permits needed to develop a potable water source/drinking water facility or wastewater utility plant. This includes permits for innovative water use solutions, such as desalination or reuse of reclaimed water. We have unparalleled depth and breadth of experience with all aspects of permitting of such facilities, including challenges to permitting decisions in the administrative arena.
In light of ever-increasing pressure on water resources and more stringent permitting regulations, prospective water and wastewater utility providers are well-advised to seek out the assistance of experienced counsel at the initial stages of development to ensure that the planned project incorporates cost-effective, environmentally sound, and innovative concepts in a manner that minimizes the chance of opposition to the project.
Practicing Attorneys: James S. Alves, Winston Borkowski, David W. Childs, Mohammad Jazil, Eric T. Olsen, Gary V. Perko, Susan L. Stephens, and Cheryl G. Stuart.