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Under EPA pollution laws, one of the first steps undertaken is to identify the responsible party, or more clearly, the per-sons or entities responsible for the original discharge.” WAYNE FLOWERS, Lewis, Longman & Walker P.A. “ That plan is presented to and approved by the FLDEP and, at that time, Institutional and Engineer-ing controls are implemented. The EPA defines Insti-tutional Controls (IC) as “non-engineered and/or legal controls that minimize the potential human ex-posure to contamination by limiting land or resource use; and Engineering Controls (EC) as engineering measures (e.g, caps, treatment systems, etc.) designed to minimize the potential for human exposure to con-tamination by either limiting direct contact with con-taminated areas or controlling migration of contaminants through environmental media.” The FLDEP permits issued for remediation are time-bound, but extraneous litigious circumstances aside, it is the responsible party that will ensure that the remedies are executed in a timely manner. Land sitting in legal purgatory is quick to be-come a financial liability. “Contaminated soil can be reme-died in less time than groundwater contamination, as water contamina-tion spreads more easily into the water table and can extend the affected area significantly,” Flowers says. Remediation of The Shipyards in Downtown Jacksonville is proving complex because according to a 2014 Capital Improvement Proposal pre-sented by the Mayor’s Office, the site requires contaminated soil removal and impacted groundwater cleanup. According to Tia Ford, Public Infor-mation Officer for the City of Jack-sonville, “the city is currently completing a site assessment report. Thereafter, a remedial action plan will be developed for FDEP approval.” “Generally, the City of Jacksonville is only responsible for contamination cleanup on property it has contami-nated, or contaminated property it currently owns,” Ford continues. Con-federate Park, also in Downtown is contaminated by residual tar and fecal coliform. In this case, though, the con-tamination began over a century ago due to outdated disposal practices that did not take the future into account. “As for Confederate Park, the City is currently working with potential responsible parties (PRPs) to develop a cleanup plan,” Ford says. “Whether it is the prior or current owners,” Flow-ers says, “the key is to get started as soon as a problem is identified so as to address lands and contamination that may be harmful to human health.” Lawyer UP Florida Bar survey Finds Florida attorneys are happy in their proFessions BY SARAH CARTER Paying a Visit In the wake of the 2016 election, there has been a lot of talk in the news about foreign immi-gration, travel bans and work visas. You may have heard the phrase “H-1B visa” as a topic during politcal debates, but it’s a program that many don’t understand. The H-1B is a non-immigrant visa that allows U.S. employers to temporarily employ foreign workers with a bachelor’s degree or higher in “specialty occupations”—including fields such as biotech, chemistry, accounting, physical and so-cial sciences and the arts—for three years, H-1B visas are complicated and hotly debated extendable to six. “Foreign talent is a vital part of our labor force and allows U.S. employers to fill the skill gap in a global economy,” says Giselle Carson, a business immigration attorney at Marks Gray. The law limits the number of H-1B workers each fiscal year to 65,000. A non-immigrant visa such as H-1B is distributed to a person with permanent residence outside the U.S., but who wishes to be in the U.S. on a temporary basis. There are also wage requirements and other qualifications, as well. In some cases, rather than being used to hire talented workers not available in the American labor market, the program is being used for out-sourcing. Those who oppose the H-1B say that it deprives qualified Americans of jobs. “Although H-1B visas are one of the most popular visas to hire foreign professionals, these visas are also limited, complex and controver-sial,” Carson says. If U.S. immigration policies change as much as it seems the current admin-istration is proposing, companies who actively seek to hire foreign employees may have their work cut out for them. z BY REGGIE DURANT A ttorneys are the butt of more than a few old jokes, but a new survey found that it must not bother them too much. accord-ing to the Florida Bar’s 2016 Economics and Law Office Management survey , Florida lawyers appear generally happy with their job security, challenging responsibilities and their re-lationships with their coworkers. the survey concluded that most of them are happy in their positions, and also found that: • 81 percent report satisfaction with job security, and 93 percent of respondents say they are satisfied with co-workers. • When asked if they would pursue the legal profession as a career if they were making the decision again, 57 percent said “yes,” 20 per-cent said “no” and 23 percent were “not sure.” • 63 percent of those surveyed said they are satisfied with their salary and benefits. • 57 percent of survey respondents “strongly” or “somewhat strongly” agree that the legal needs of Floridians are currently being met, compared to the 22 percent who disagreed. • When it comes to technology, 71 percent of re-spondents say that it has changed their rela-tionships with clients—65 percent of those say it’s for the better. More than 700 Florida Bar members responded to the randomly administered survey. Full results are available at floridabar.org/news. z S PR I N G 2 01 7 — 2 9

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