Smith Hulsey & Busey
John assists clients in the areas of environmental law, real estate and land use and zoning law, with an emphasis on litigation. He helps individuals, developers and public entities in all aspects of environmental due diligence, permitting and entitlement.
John also assists clients in navigating the complex web of state and federal environmental statutes and regulations, including counseling clients on compliance with the Clean Water Act (CWA), the Resource Conservation and Recovery Act (RCRA), the Endangered Species Act (ESA), the National Environmental Policy Act (NEPA), and the Rivers and Harbors Act. Additionally, John is also knowledgeable in brownfield redevelopment projects and obtaining tax incentives under the Florida Brownfields Program.
John’s litigation practice includes the defense of alleged Section 404 violations in federal court; the defense of CWA citizen suits for alleged violations of National Pollutant Discharge Elimination System (NPDES) permits; and administrative litigation before the Division of Administrative Hearings over entitlement to environmental resource permits (ERP), coastal construction control line (CCCL) permits and state land authorizations. He has extensive experience representing both residential and commercial waterfront property owners in disputes concerning riparian rights.
John has litigated claims arising under the Bert J. Harris, Jr. Private Property Rights Act, unconstitutional exactions claims under the decisions in Nollan, Dolan, and Koontz, and comprehensive plan consistency challenges under section 163.3215, Florida Statutes.
Prior to joining Smith Hulsey & Busey, John practiced with two other Jacksonville law firms and served as an Assistant State Attorney in the Fourth Judicial Circuit, where he tried numerous jury trials.John has strong relationships within the agencies before which he appears. John works with these agencies to address concerns with his clients’ projects in a manner that accomplishes his clients’ goals while avoiding costly litigation.
John is a Jacksonville native and is active in numerous environmental and real estate organizations across Florida.