New EPA Guidance for Clean Water Act Jurisdiction
Best Practices to Obtain Permits for Projects Involving Wetlands
Recording of a 90-minute CLE teleconference with Q&A
Conducted on Wednesday, April 1, 2009
Recorded event now available
This seminar will examine the tests put forth in the Supreme Court's Rapanos ruling, the guidance provided by the EPA and the Army Corps of Engineers and discuss best practices for assessing whether the CWA applies to a project and when a determination or challenge to jurisdiction is needed.
Description
The U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (ACE) issued final guidance concerning the reach of the Clean Water Act (CWA). The guidance identifies the waters over which the agencies will assert jurisdiction.
The guidance seeks to clarify the agencies’ position after the Supreme Court’s 2006 Rapanos decision, which created confusion about the scope of federal jurisdiction over waterways. However, many think the guidelines' complexity will lead to inconsistent application and further confusion.
To avoid undue delays, increased costs or termination of a project, it is important for those involved in projects involving wetlands and their counsel to determine whether the CWA applies and when a jurisdictional determination or challenge is necessary.
Listen as our authoritative panel of environmental law attorneys examines the new EPA/ACE guidance, reviews Rapanos and its impact, and offers best practices for obtaining permits under the CWA and the EPA/ACE guidance.
Outline
- Rapanos and its impact
- Rapanos decision
- Lower court interpretation/application of Rapanos
- CWA jurisdiction after Rapanos
- EPA/Corps guidance
- Categories of water bodies
- Application
- Deviation from Rapanos
- Unanswered questions
- Best practices for permitting under the CWA
Benefits
The panel will review these and other key questions:
- Where did Rapanos leave CWA permitting and does the newest EPA/Corps guidance deviate from Rapanos?
- Is the guidance limited to Section 404 or will it impact jurisdictional determinations in administration of sections 303, 319, or 402?
- What steps can those involved with a development project take in determining whether a CWA permit is needed?
Faculty
Joel M. Gross,
Partner
Arnold & Porter, Washington, D.C.
He advises clients in litigation and non-litigation matters under federal and state environmental laws, with a special emphasis on compliance and enforcement issues. He advises clients on compliance strategies that can minimize the risk of enforcement actions. He served as Chief of the Environmental Enforcement Section at the U.S. Department of Justice.
Patrick W. Dennis,
Partner
Gibson Dunn & Crutcher, Los Angeles
He chairs the firm's Environmental Litigation and Mass Tort Practice. He has practiced exclusively in the environmental law area for over 25 years and has spent a substantial portion of his practice representing clients in cases involving exposure to chemicals and has developed expertise in the science and legal standard of medical causation and exposure reconstruction, among other issues.
Aaron C. Courtney,
Of Counsel
Stoel Rives, Portland, Ore.
He represents clients on compliance, permitting and litigation issues under federal and state clean up laws, the Clean Water Act, the Endangered Species Act, and the National Environmental Policy Act. He also conducts environmental due diligence as part of business transactions and advises clients on sustainable business practices.
Ordering
Online CLE - Audio Recording
Includes audio streaming of full program plus handouts (available 24 hours after live seminar).
CLE:
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Customer Reviews
The program was very well organized and the speakers were prepared.
Marti Sharp
Kell Alterman & Runstein
A focused presentation offering practical information in a concise format.
Una Kang
Saiber
The program was very practical and informative for my current needs.
Ken Watt
Frederic Dorwart, Lawyers
I liked the combination of the substantive material and the legal perspective.
Jane Shea
Frost Brown Todd LLC
I liked the quality of the speakers and their knowledge of subject matter.
James Nemmers
Shuttleworth & Ingersoll PLC
Environmental Law Advisory Board
Partner
Allen Matkins
Partner
Loeb & Loeb
Of Counsel
Stoel Rives
Partner
Shipman & Goodwin
Partner
Akin Gump Strauss Hauer & Feld
Partner
Arnold & Porter
Partner
Gibson Dunn & Crutcher
Partner
Dinsmore & Shohl
Partner
Cravath Swaine & Moore
Special Counsel
Stroock & Stroock & Lavan
Partner
Bryan Cave
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