Wetlands Development: Legal Trends and Challenges

Navigating Strict New Federal Guidance, Permitting Requirements and Emerging Case Law

Recording of a 90-minute CLE webinar with Q&A

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Conducted on Tuesday, November 29, 2011

Recorded event now available

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Course Materials

This CLE course will provide environmental counsel with an examination of current EPA and Corps of Engineers guidance for wetlands regulation, discuss the new threat of 404 permit vetos, and explore the implications of recent and pending wetlands litigation.

Description

This year the EPA and Corps of Engineers announced new guidance, reinterpreting the Rapanos decision and expanding federal control over wetlands. Meeting the evolving requirements of the wetlands standards poses significant challenges to both public and private developers.

The EPA also recently took the unprecedented step of revoking a Corps-issued 404 national permit. EPA vetoes of 404 permits have far-reaching implications for agriculture, building, coal and oil industries. Counsel must be prepared to advise clients on permitting changes.

Meanwhile, a legal debate about compliance with wetland regulations is raging on court dockets around the country, including the Supreme Court case Sacket v. US EPA, set to be decided this term. Counsel must be armed with the best strategies to defend their clients in upcoming litigation.

Listen as our authoritative panel of environmental law attorneys examines the new EPA/Corps guidance and its impact, the EPA’s use of vetoes in 404 permits, and the implications new case law will have on development.

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Outline

  1. Proposed EPA / Corps Guidance
    1. Wetland delineation
    2. Expanded scope of jurisdiction
  2. 404 Permitting Challenges
    1. Requirements
    2. Threat of EPA veto
  3. Wetlands Case Law Update

Benefits

The panel will review these and other key questions:

  • What are the latest challenges in obtaining a 404 permit?
  • How much has the EPA expanded its definition of "wetland"?
  • What impact will Sacket and other recent and pending litigation have on development where wetlands are present?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Beverlee E. Silva
Beverlee E. Silva
Partner
Alston & Bird

She has extensive experience in environmental and toxic tort litigation and in the resolution of environmental...  |  Read More

Philip G. Mancusi-Ungaro
Philip G. Mancusi-Ungaro
Attorney-Advisor
United States Environmental Protection Agency Office of Water Legal Support

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