Beverlee Silva was a featured panelist during this webinar sponsored by Strafford
. 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. This program examined 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. The following topics were covered during the program.
I. Proposed EPA / Corps Guidance
A. Wetland delineation
B. Expanded scope of jurisdiction
II. 404 Permitting Challenges
B. Threat of EPA veto
III. Wetlands Case Law Update
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?