The Environmental and Water Law practice prides itself on providing skilled guidance to its clients in navigating today’s complex regulatory environment. The firm’s attorneys have a long history of working with Florida’s Water Management Districts, the Florida Department of Environmental Protection, U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service and other state and federal agencies. For example, before joining the firm, Irene Kennedy Quincey served for 17 years in the Office of the General Counsel of the South Florida Water Management District, ending her tenure as Deputy General Counsel.
Our services include counseling clients through the permitting process to maximize the entitlements available for a client’s project. Permitting areas in which we routinely provide representation include:
- Consumptive Use Permitting
- Environmental Resource Permitting
- Water Quality Discharge Permitting
- Dredge and Fill Permits
- Water Supply Planning
- Sovereign Lands Determinations and other Water Rights Issues
- Wetland Evaluations
- Endangered Species Evaluations
- Conservation Easements
The firm also represents clients who need assistance with compliance issues, enforcement actions and other administrative proceedings. Although the firm relies on its relationships within the agencies to assist clients in resolving issues that arise, we also firmly believe in zealously advocating for our clients to protect their entitlements and other property rights. This includes obtaining relief not only from the actions of various agencies, but neighboring property owners as well. The firm also has extensive experience in representing many types of owners who need these permits, including Farmers and Agricultural Interests; Developers and Management Groups; Water Control and Special Districts; and Condominium and Homeowners Associations in understanding and complying with the complex permits that often become the responsibility of the Association’s Board of Directors.
Environmental and Water Law Attorneys
Irene Kennedy Quincey
Biography
Irene Kennedy Quincey is the West Palm Beach resident partner of Pavese Law Firm practicing in the areas of Environmental; Governmental; and Agricultural Law with an emphasis on Water Law, surface water management, wetlands protection and state and federal permitting.
Irene received her Bachelor of Arts in Political Science in 1975 with high honors and her Juris Doctorate in 1978, both from the University of Florida. She is a member of the Florida Bar and has published and lectured extensively on water resource issues in Florida.
Before joining the firm in 1994, Irene was the Deputy General Counsel with the South Florida Water Management District. In her 16 years at the district she practiced in areas of permitting, rulemaking and water policy development on major water resource issues including Water Supply Planning, Wetland Regulations, Lake Okeechobee SWIM and Everglades Protection.
She holds an AV® Preeminent™ rating in Environmental Law, Natural Resources and Zoning, Planning and Land Use by Martindale-Hubbell.
Irene is a member of the Environmental and Land Use Law Section (Chair 1992-93), Administrative Law Section and Governmental Lawyer Section. Irene is the recipient of the 2002 Bill Sadowski Memorial Public Service Award, the 1994 Claude Pepper Outstanding Government Lawyer Award, the 1988 Stephens/Register Award, and the 1986 and 2000 Judy Florence Memorial Outstanding Service Award.
Practice Areas
Administrative
Agricultural
Environmental and Water
Governmental
Conservation Easements
Consumptive Water Use Permitting
Dewatering
Dredge and Fill Permitting
Endangered Species Evaluations
Environmental Resource Permitting
Everglades Restoration
Minimum Flows and Levels
Notice of Violation
Rulemaking
State Land Environmental Resource Permitting
Water Conservation – Year Round Reductions
Water Quality Discharge Permitting
Water Use Compliance and Enforcement
Water Management District Permitting
Water Shortage and Enforcement
Water Supply Planning
Wetland Evaluations
Admitted to Practice
Florida Bar (1979)
U.S. District Court of the Southern District of Florida (1979)
Education
University of Florida (B.A., with high honors, 1975; J.D., 1978)
Bar and Professional Association Memberships
The Florida Bar
- Environmental & Land Use Section (Chair 1992-1993)
- Administrative Law Section
- Governmental Lawyers Section
Friends and Florida State Parks
AWRA Florida Section
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Katherine R. English
Biography
Katherine R. English joined Pavese Law Firm in 1994 and became a partner in the firm in 2000. Her practice is concentrated primarily on Environmental and Land Use Law with an emphasis on seeking and protecting entitlements for larger properties. She has particular experience in working with companies involved in farming and land development.
She practices before state and federal agencies in regard to environmental permits including water supply and water management and environmental compliance. She has worked with the Florida Department of Environmental Protection, Southwest Florida Water Management District, South Florida Water Management District, the Army Corps of Engineers, the United States Fish and Wildlife Service, the United States Environmental Protection Agency, and the Natural Resources Conservation Service. She also represents land owners before local governments in Southwest Florida in regard to land use and development authorizations.
She is a native of Southwest Florida and her family has farmed here for more than 100 years. She is committed to the protection of private property rights and supporting the people who produce food and fiber and protect the natural resources of the State of Florida through wise land management.
Ms. English is a member of the American Bar Association and the Lee County Bar Association.
Her community activities include serving on The Florida Farm Bureau Association’s Natural Resources Advisory Committee; president of the University of Florida Leadership and Education Foundation Inc.; a member of the board of directors for Redlands Christian Migrant Association; the SHARE Council for the University of Florida Institute of Food and Agriculture Sciences; and, serves as the Allocations Chair for Hendry County for the board of directors of the United Way of Lee, Hendry and Glades Counties.
Practice Areas
- Environmental and Water
- Land Use, Zoning and Local Government
- Real Estate
Admitted to Practice
- Florida Bar (1994)
- U.S. District Court for the Middle District of Florida (1994)
Education
- University of Florida (B.A., 1986)
- Walter F. George College of Law at Mercer University (J.D., 1994)
- Phi Alpha Delta
Bar and Professional Association Memberships
- The Florida Bar
- Lee County Bar Association
- American Bar Association
- Wedgworth Leadership Institute Foundation
- Board of Directors, Redlands Christian Migrant Association
- Florida Farm Bureau Federal Water and Natural Resources Advisory Committee
- Chair, American Farm Bureau Federation’s Issue Advisory Committee on Water and Water Quality
- Past President and Member of the Board of Directors, University of Florida Leadership and Education Foundation
- Chair, Membership Committee for SHARE Council
- Board of Directors, United Way of Lee, Hendry and Glades Counties
Neale Montgomery
Biography
Neale Montgomery joined Pavese Law Firm in 1986 and became a partner in the firm in 1991. Her practice areas are Land Use, Zoning and Local Government; Environmental and Water; and Real Estate. She focuses primarily on real estate and environmental issues related to the development of land, including, but not limited to, permitting at the local, state, regional and federal levels.
Ms. Montgomery is a Florida Land Use Dispute Resolution Special Master and represents clients in administrative hearings before local and regional entities, and the Division of Administrative Hearings. She is a member of the Lee County Bar Association.
After graduating from law school, Ms. Montgomery worked for the Public Defender’s office for two years and at the Lee County Attorney’s office for six years. While there, Ms. Montgomery was very involved in the crafting and adoption of Lee County’s 1984 Comprehensive Plan. She was also responsible for advising the county on transportation, utility, zoning and other issues related to land development. She also routinely advised the Board of County Commissioners, Local Planning Agency, Zoning Board and Code Enforcement Boards on legal issues.
She holds an AV® Preeminent™ rating in Environmental Law, Natural Resources and Zoning, Planning and Land Use by Martindale-Hubbell.
Ms. Montgomery has been selected to the list of Best Lawyers in America for 2013-2016 for her practice area in land use and zoning. A listing in Best Lawyers is widely regarded by both clients and legal professionals as a significant honor, conferred on a lawyer by his or her peers. For three decades, Best Lawyers® lists have earned the respect of the profession, the media, and the public, as the most reliable, unbiased source of legal referrals anywhere. Ms. Montgomery was recognized by Florida Trend Magazine’s Legal Elite in 2013 and 2015.
Practice Areas
Environmental and Water
Land Use, Zoning and Local Government
Administrative
Admitted to Practice
Florida Bar (1978)
U.S. District Court of the Middle District of Florida (1986)
Education
Bar and Professional Association Memberships
The Florida Bar
Lee County Bar Association
Awards & Recognitions
- U.S. News and World Report – Best Lawyers in America (2013-2016)
- Florida Trend Magazine – Legal Elite (2013 and 2015)
Steven C. Hartsell
Biography
Steven C. Hartsell graduated from Dickinson College (B.A., 1975) and Florida State University College of Law, (J.D., 1980). He was a member of the FSU Law Review, 1979-1980. He was admitted to the Florida Bar in 1980, U.S. District Court, Middle District of Florida, in 1982, and the U.S. Supreme Court in 1986.
Mr. Hartsell joined Pavese Law Firm in Fort Myers, Florida, in 1986 and became a partner in the firm in 1990. Prior to joining Pavese Law Firm, Mr. Hartsell served as an Assistant Public Defender in Lee County, Florida, from August, 1980-1983, and then as an Assistant Lee County Attorney from 1983-1986, advising county departments and the Board of County Commissioners with regard to various zoning and land use related matters.
Mr. Hartsell concentrates his practice in Zoning, Land Use and Development Law as well as Local Government Administrative Law matters, representing clients in administrative matters before city and county commissions, councils and boards in hearings throughout Southwest and Central Florida. His practice also includes representation in comprehensive plan amendments, developments of regional impact and code enforcement matters, and he has served in cases as a Florida Land Use and Environmental Dispute Resolution Act Special Magistrate.
He was the contributing author of Chapter 120: Dedications, in the Matthew Bender treatise Florida Real Estate Transactions (1989, and updated in 1995). Mr. Hartsell is a Past-President of the Real Estate Investment Society, a member the Lee County Bar Association, and Chair of the Southwest Florida District Council of the Urban Land Institute (ULI) (2015-2017). He has served in the past as the Chairman of the Florida Bar 20th Judicial Circuit Grievance Committee 20D, and taught Real Estate Licensure Law as an adjunct professor at Florida Gulf Coast University from 2011-2014. Mr. Hartsell is also an active member in his church, First Assembly of God of Fort Myers, as a Sunday School teacher, and volunteers as Legal Advisor to the Church Council.
He has achieved the AV® Preeminent™ rating for legal ability and ethics from Martindale-Hubbell.
Practice Areas
- Land Use, Zoning and Local Government
- Environmental and Water
- Real Estate
Admitted to Practice
- Florida Bar (1980)
- U.S. District Court for the Middle District of Florida (1982)
- U.S. Court of Appeals for the Eleventh Circuit (1981)
- U.S. Supreme Court (1986)
Education
- Dickinson College (B.A., 1975)
- Florida State University College of Law (J.D., 1980)
Bar and Professional Association Memberships
- The Florida Bar
- Lee County Bar Association
- Real Estate Investment Society
- Chair of the Southwest Florida District Council of the Urban Land Institute (ULI) (2015-2017)
Christopher L. Pope
Biography
Christopher L. Pope joined the Pavese Law Firm in 2012. Mr. Pope primarily focuses his practice in the areas of Real Estate; Condominium and Homeowner Association; Land Use Law; and Environmental Law.
Mr. Pope obtained his undergraduate degree in Business Administration from Auburn University, where he majored in Management of Information Systems. Mr. Pope then went on to obtain his Juris Doctor and Diploma in Civil Law from Louisiana State University. Mr. Pope also holds a Master of Laws in Taxation from the Boston University School of Law.
Prior to practicing law, Mr. Pope worked as an Area Construction Manager for a national home builder where he oversaw the new construction of hundreds of homes. He has also managed condominium rehabilitations, underground utility installations and site work.
Mr. Pope is a member of the Florida Bar and the Lee County Bar Association.
Practice Areas
Real Estate
Community Association (Condominiums, Cooperatives and Homeowner’s Associations)
Land Use/Local Government
Environment and Water
Admitted to Practice
Education
Auburn University (B.S.B.A., 2003)
Paul M. Hebert Law Center, Louisiana State University (J.D. and D.C.L., 2011)
Boston University School of Law (LL.M., 2012)
Bar and Professional Association Memberships
The Florida Bar
Lee County Bar Association
Kathleen Oppenheimer Berkey
Biography
Kathleen Oppenheimer Berkey is an attorney and certified land planner (AICP) in the Pavese Law Firm’s Land Use, Zoning and Local Government; Real Estate; Environmental and Water; and Community Association practice areas. Her practice focuses primarily on planning, zoning, real estate, and environmental issues related to the development of land. This includes: permitting, drafting comprehensive plan amendments, and representing clients in local government administrative matters before city and county commissions, councils, and boards. As a certified land planner (AICP), Ms. Berkey can also testify as an expert witness on land use and zoning issues.
Ms. Berkey’s experience includes having prepared variance, conditional use, special exception, and permit applications for wireless telecommunications facilities across dozens of jurisdictions in the Baltimore/Washington area; presenting proposed sites to local land use officials and the public at community input meetings and public hearings; performing zoning ordinance reviews; reviewing zoning drawings prior to submittal for compliance with public agencies and client requirements; and monitoring legislation. She gained extensive experience in building the relationships with landowners, adjacent neighbors, community residents, planners and other governmental officials, land use and telecommunications lawyers, and citizen groups necessary to support proposed sites throughout the zoning and permitting process.
After her time in wireless site development, Ms. Berkey earned her Juris Doctor (J.D.) and Master of City and Regional Planning (M.C.R.P.) degrees under a dual-degree program sponsored by the University of North Carolina School of Law and the University of North Carolina at Chapel Hill’s Department of City and Regional Planning. Her studies focused primarily on land use and environmental law/planning.
In her spare time, Ms. Berkey serves as Co-Chair of the Urban Land Institute Southwest Florida’s Young Leaders Group and Women’s Leadership Initiative, Co-Chair for the Lee County Bar’s Pro Bono Committee, Southwest Regional Chair on the Board of Governors for Connect Florida by Leadership Florida, and Director on the Franklin & Marshall College Alumni Association Board. Ms. Berkey is also the Founding President of the Young Affiliated Professionals (YAP) of the Gulf Coast Humane Society.
Selected Publications and Presentations
Articles:
- Kathleen Oppenheimer Berkey, AICP & Todd K. BenDor, A Comprehensive Solution to the Marine Biofouling Problem for the Endangered Florida Manatee and Other Species, 42:2 Envtl. Law 415, 415-67 (2012).
- Please click here for a list of additional publications.
Presentations:
- “What the Scuttlebutt is All About: Opportunities and Incentives for Renewable Energy in Florida,” co-presenter, Florida Chapter of the American Planning Association’s annual conference (Sep. 14, 2012).
- “The Role of Land Use Lawyers and Planners Throughout the Various Phases of Land Development,” guest lecturer, Real Estate Fundamentals, Florida Gulf Coast University (Oct. 7, 2014).
- “Building Healthy Places: Integrating Health into Planning, Designing, Developing, and Managing our Communities,”co-presenter, Florida Chapter of the American Planning Association’s annual conference (Sep. 12, 2014).
- “Follow and Promote @Yourself Online: Defrag and Optimize Your #OnlineBrand,” presenter, Franklin & Marshall College Webinar Series (May 22, 2014).
- “The Role of Land Use Lawyers and Planners Throughout the Various Phases of Land Development,” guest lecturer, Real Estate Fundamentals, Florida Gulf Coast University (Sep. 12, 2013).
Practice Areas
- Land Use, Zoning and Local Government
- Environmental and Water
- Community Association (Condominiums, Cooperatives and Homeowner’s Associations)
- Real Estate
Admitted to Practice
- Florida Bar (2011)
Education
- University of North Carolina School of Law (J.D., with pro bono distinction, 2011)
- University of North Carolina at Chapel Hill (M.C.R.P., 2011)
- Franklin and Marshall College (A.B., magna cum laude, Phi Beta Kappa, 2005)
- Sea Education Association (C-197, Study Abroad, 2005)
Certifications
- American Institute of Certified Planners (AICP), 2012
Bar and Professional Association Memberships
- American Planning Association (APA)
- American Institute of Certified Planners (AICP)
- Planning and Law Division
- Connect Florida (by Leadership Florida)
- Statewide Leadership Institute, Class III
- Board of Governors, 2013-Present
- Southwest Regional Chair, 2013-Present
- The Florida Bar
- City, County, and Local Government Law Section
- Environmental and Land Use Law Section
- Real Property, Probate, and Trust Law Section
- Florida Guardian ad Litem Program, 20th Judicial Circuit Florida Planning and Zoning Association Florida Wireless Association
- Lee County Bar Association
- Co-Chair, Pro Bono Committee
- Land Use and Government Law Section
- Real Estate Investment Society (REIS) Urban Land Institute (ULI)
- Member, Executive Committee, Southwest Florida District Council
- Co-Chair, Young Leaders Group
- Co-Chair, Women’s Leadership Initiative
Awards & Recognitions
- Q4 Fellowship Award, WWLF (2011) [4]
- Best Social Media Interaction Award, Florida Chapter of the APA (2011)
- Phi Beta Kappa (2005)
- Fred and Nancy Sener Prize in American Studies (2005)
- Dean’s Award, Sea Education Association (2004)
- Top 40 Under 40, Gulfshore Business (2014)
- Selected as Top-Idea Maven, The Woman’s Advantage® (2014)