Navigating Jurisdictional Determinations Under the Clean Water Act: Impact of U.S. Army Corps of Engineers v. Hawkes
Recording of a 90-minute CLE webinar with Q&A
This CLE will provide guidance to environmental counsel on jurisdictional determinations (JDs) and identifying waters protected by the Clean Water Act after the Supreme Court’s recent decision in Army Corps of Engineers v. Hawkes Co. The panel will examine the implications of the decision for the JD process and future challenges in the courts.
- Hawkes and what the decision means for those seeking to identify whether waters are protected under the CWA
- Implications of the decision
- JD process
- Future litigation
- Best practices
- Determining whether waters are protected
- Navigating jurisdictional determinations
The panel will review these and other key issues:
- What will Hawkes mean for property owners seeking a determination regarding whether water is protected under the CWA?
- What factors should counsel consider when seeking a JD or challenging one?
- How will the Corps treat JDs in light of the Court’s decision in Hawkes?
Christopher J. Carr
Morrison & Foerster
Mr. Carr serves as Chair of the firm’s Environment and Energy Group and as Co-Chair of the UAS/Drone Group and... | Read More
Mr. Carr serves as Chair of the firm’s Environment and Energy Group and as Co-Chair of the UAS/Drone Group and the Clean Technology Group. He represents land developers, business concerns, private individuals, public agencies and nonprofits in all areas of environmental and natural resource law. In particular, Mr. Carr’s practice focuses on permitting and litigation under the federal Endangered Species Act, the Clean Water Act, and the National Environmental Policy Act, as well as their California counterparts.Close
Dr. Michael Josselyn
As a Co-Founder and former President of WRA Inc., Dr. Josselyn formed the company to incorporate the best scientific... | Read More
As a Co-Founder and former President of WRA Inc., Dr. Josselyn formed the company to incorporate the best scientific information on the environment to assist clients with environmental compliance and to assure successful implementation of habitat protection and restoration plans. His work has focused on environmental permitting and habitat restoration, large scale restoration and conservation planning, and expert testimony.Close
Kirsten L. Nathanson
Crowell & Moring
Ms. Nathanson’s practice focuses on environmental litigation, enforcement defense, risk assessment, and... | Read More
Ms. Nathanson’s practice focuses on environmental litigation, enforcement defense, risk assessment, and regulatory counseling under the major federal environmental and public lands statutes. She currently serves as a member on the firm's Environment & Natural Resources Group Steering Committee. Her litigation experience covers the Clean Water Act, Clean Air Act, Endangered Species Act, NEPA, RCRA, and CERCLA, encompassing citizen suit defense, regulatory challenges, and remediation cost recovery, among others.Close