Gabriel E. Nieto, P.A.

Position
Partner
Office

Miami

Awards
  • South Florida Legal Guide, “Best Lawyers”
  • Florida Trend Magazine “Legal Elite”
  • The Best Lawyers in America©: 2013-2022
Bar Admissions

Florida

Court Admissions
  • United States District Court Southern and Northern Districts of Florida
  • United States 11th Circuit Court of Appeals
Education
  • J.D., with honors, University of Florida, 1997
  • A. Florida International University, 1994
Education Title

P.A.

Email

gnieto@rascoklock.com

Memberships
  • The Florida Bar, Environmental and Land Use Section
  • American Bar Association Environmental Litigation Committee
  • Contributing Author to The Florida Bar’s Treatise in Florida Environmental and Land
  • Use Law and has published several articles on water quality regulation in Florida
Practice Areas
  • Litigation
  • Environmental Law
  • Government and Regulatory Law

Gabriel Nieto represents clients on complex matters involving regulatory programs; environmental regulations; development approvals and land use restrictions; and, public procurement and contracting. He also maintains an active civil litigation practice representing clients in various litigation capacities, including administrative hearings, federal and state civil litigation and appeals, over various governmental matters.

 

Mr. Nieto routinely interacts with environmental agencies in Florida, including the Florida DEP and South Florida Water Management District on both permitting and litigation matters. He has appeared in some of the most significant environmental matters involving those agencies, including the various challenges to the regulations, permits and environmental programs, as well numerous matters involving the licensing and permitting of large scale projects, including numerous electric power plants, the Homestead-Miami Speedway and other large-scale developments. In addition to environmental permits, Gabe’s land use practice covers development permits from state, regional planning council, water management district, and local government comprehensive planning and zoning agencies.

REPRESENTATIVE EXPERIENCE

  • For the past 10 years, Mr. Nieto has represented one of Florida’s largest agricultural companies with respect to a myriad of issues affecting the Florida Everglades.  This has included litigation at every level of the state court system, the Southern District of Florida and the Eleventh Circuit over Florida’s environmental regulations and policies.  It has also included the crafting of regulations before Florida’s Environmental Regulation Commission (in the most in-depth rulemaking process ever undertaken by that body), as well as challenges in the Florida Division of Administrative Hearings to environmental permits and regulations.  Throughout this process, Gabe has worked closely with the regulators at the Florida DEP, Florida Environmental Regulation Commission, EPA Region IV and the South Florida Water Management District to help them craft solutions to the complex issues of nutrient control, water supply and hydro period restoration implicated by the largest environmental cleanup ever undertaken.
  • Represented electric utilities in licensing of and litigation over new facilities.  Mr. Nieto has worked extensively on the licensing and permitting of various electric power plants and in litigation throughout South Florida over the siting of electric transmission lines and substations.
  • Represented electric utility in rule challenge litigation over state implementation of the EPA Clean Air Interstate Rule.
  • Worked with a leading marketer of solid fuels to assist them with the various environmental issues implicated by their worldwide operations.  This has included acting as lead environmental counsel in a merger that addressed nearly two dozen facilities to the company throughout the US and Canada, many with major environmental issues that needed to be resolved.
  • Along with Rasco Klock Partner, Janet Munn, Mr. Nieto represented the city of Jacksonville against claims relating to the operation of City incinerators, in a case with alleged liability of over $100 million, which was favorably settled that year.
  • Nieto has been involved in several cases that led to reported decisions on environmental and administrative law.  These include Flo-Sun v. Kirk, 783 So. 2d 1029 (Fla. 2001), which defined Florida’s doctrine of primary agency jurisdiction, Miccosukee Tribe of Indians v. Florida Department of Environmental Protection (Fla. Division of Admin Hearings 2003), aff’d 2005 Fla. App. Lexis 11024 (Fla. 1st DCA), which successfully defended the state’s environmental water quality standards for the Florida Everglades, Terwilliger v. South Fla. Water Management Dist., 2002 WL 569482 (2002), aff’d, 846 So. 2d 526 (Fla. 4th DCA 2003), which successfully defended against challenges to right-of-way permits issued by the District, Ocala Breeders’ Sales Co., Inc. v. Florida Gaming Centers 793 So. 2d 899 (Fla. 2001), which set out the limits of state authority to grant special permits, Miami-Dade County v. Associated Aviation Underwriters, 840 So. 2d 264 (Fla. 2002), which successfully defeated a $400 million insurance claim regarding pollution at Miami International Airport, and Florida Association of Realtors v. Smith, 825 So. 2d 532 (Fla. 2002), where proposed taxation program was defeated on behalf of a consortium of sports facility owners.
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