Abstract
A wise king named Solomon once wrote, "History merely repeats itself. It has all been done before. Nothing under the sun is truly new." (1) In some ways, this is true of environmental regulatory enforcement. Environmental law practitioners and the regulated public have seen the ebb and flow of enforcement as the helm of state government changes hands. Laws are enacted, amended, and sometimes repealed. Yet, the basic structure of environmental regulation remains substantially unchanged. In a typical regulatory scenario, permits are required for various activities that impact the environment, including the water resources. And, environmental regulatory agencies have a wide array of tools at their disposal in order to enforce the related laws and rules. The Florida Legislature has given these entities considerable discretion in the choice of remedies that may be used in a given case. Thus, while the intensity and vigor of environmental regulation has varied depending on the philosophy of the governor, the procedure for administrative and civil environmental enforcement (2) has remained largely unchanged.