In 2017, the Board directed the Office of the County Attorney to seek intervention in an administrative case originally known as Kanter Real Estate v. Florida Department of Environmental Protection, then pending before the Florida Division of Administrative Hearings (“DOAH”). In the case, Kanter challenged the proposed denial by the Florida Department of Environmental Protection (“DEP”) of an exploratory oil well permit. DOAH entered an order recommending issuance of the permit. However, DEP issued a final order denying the permit, which Kanter appealed.
On February 5, 2019, the First District Court of Appeal issued an opinion reversing DEP’s final order and ordering DEP to issue the exploratory oil well permit. DEP, the County, and the City of Miramar (which had also intervened) filed motions requesting that the First District reconsider its ruling. The First District denied those motions, but withdrew its initial opinion and issued an amended opinion addressing some of the grounds raised in those motions.
On April 18, 2019, Broward County and the City of Miramar filed a request with the Florida Supreme Court to review the First District’s decision. The Supreme Court has discretion as to whether to grant or deny review. DEP, the actual permitting authority, did not seek Florida Supreme Court review. In addition, a recent Florida Supreme Court opinion, which was issued a week after the County’s request for Supreme Court review, may impact the primary basis upon which Supreme Court review was sought.
The only issue in this specific appeal involves the issuance of the state exploratory drilling permit. Kanter would be required to receive certain approvals at the County level prior to drilling an exploratory oil well. |