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The Florida Supreme Court recently amended Florida Rule of Civil Procedure 1.510 (Summary Judgment), adopting the less restrictive federal summary judgment standard as articulated by the United States Supreme Court in
Celotex Corp. v. Catrett, 477 U.S. 317 (1986),
Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986), and
Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574 (1986). Summary judgement is the procedural mechanism whereby lawsuits may be disposed of prior to a trial if the judge determines that, based on the uncontested material facts in the case, there is no way for the nonmoving party to win. The amended Rule 1.510 will apply to any summary judgment motion decided on, or after, May 1, 2021, including in pending cases.
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Regulated parties who comply with their permit sometimes get an unwelcome surprise. They meet with their state agency, make full disclosure about their discharges or emissions, and then the state agency makes decisions about how to regulate the discharges or emissions, including what type of permit to issue. Sometimes the state agency gets it wrong, and then citizen groups sue. In that instance, one in which the regulated party relied on the state agency and did what it was told to do, does the regulated party win or lose? That depends on the facts, but there are at least two cases, including one just decided by the Fourth Circuit, that give hope to regulated parties that find themselves in this position. These cases were decided under the Clean Water Act (“CWA”), but the principles and rationale apply equally to enforcement cases under other environmental laws.
On Friday, April 30, 2021, the U.S. District Court for the District of Massachusetts allowed Defendants’ Motion for Summary Judgment, finding the asserted
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Effective May 1, 2021, the Florida courts will transition to a
new summary judgment standard meant to align Florida s
summary judgment standard with that of the federal courts and of
the supermajority of states that have already adopted the federal
summary judgment standard.
In re Amends. to Fla.
Rule of Civ. Pro. 1.510, 309 So. 3d 192, 192 (Fla. 2020).
Consistent with this amendment, Florida Rule of Civil Procedure
1.510 has been amended to adopt the federal summary judgment rule,
with exceptions for timing-related issues. The Florida Supreme
Court s most recent opinion on rule 1.510 and the text of new