New EPA Guidance for Clean Water Act Jurisdiction
Best Practices to Obtain Permits for Projects Involving Wetlands
Recording of a 90-minute CLE webinar with Q&A
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.
- Rapanos and its impact
- Rapanos decision
- Lower court interpretation/application of Rapanos
- CWA jurisdiction after Rapanos
- EPA/Corps guidance
- Categories of water bodies
- Deviation from Rapanos
- Unanswered questions
- Best practices for permitting under the CWA
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?
Joel M. Gross
Arnold & Porter
He advises clients in litigation and non-litigation matters under federal and state environmental laws, with a special... | Read More
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.Close
Patrick W. Dennis
Gibson Dunn & Crutcher
He chairs the firm's Environmental Litigation and Mass Tort Practice. He has practiced exclusively in the environmental... | Read More
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.Close
Aaron C. Courtney
He represents clients on compliance, permitting and litigation issues under federal and state clean up laws, the Clean... | Read More
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.Close
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