Wetlands Law and Regulation
Scope and Purpose
This annual advanced course of study, comprising more than 14 hours of instruction, updates experienced attorneys and related professionals, informs public affairs specialists about the issues that will form tomorrow's debates, and provides general practitioners with an excellent framework for understanding the law and counseling clients in this complex area. A top-flight faculty of senior public officials, experienced private practitioners, government prosecutors and defense attorneys, and public interest advocates provide not only an unexcelled update on the law, but also a grounding in the basic substantive law and practice issues for the less experienced practitioner.
The course features 90 minutes on professional responsibility issues and ethics concerns in the wetlands law practice context, and, at no additional charge, an optional introductory lecture Wednesday evening, May 9, to help newer practitioners grasp the basic sources of law in this area. Time is reserved throughout the program to address registrants' written questions.
Why Attend?
The laws regulating wetlands and other waters are complex and challenging. The U.S. Supreme Court's decision in Rapanos v. United States and Carabell v. U.S. Army Corps of Engineers has profoundly affected the current regulatory definition of the "waters of the United States" subject to Clean Water Act regulation. The Environmental Protection Agency and the 110th Congress are considering the implications of the Court's decision, and the Corps of Engineers is adopting new rules for a wetlands program that will govern the mitigation obligations of Section 404 permittees and revise the Nationwide Permits. This year's program examines these significant developments in wetlands practice.
This evolving area of law can apply to seemingly "dry" landscapes and activities far from the shoreline, and it can dramatically affect property values and environmental aesthetics. Practitioners who advise or work in many sectors of the national economy - agriculture, construction and land development, forestry, mining, highway and other transportation, public works, recreation, and utilities, to name a few - must be familiar with the law and regulatory programs dealing with the protection of wetlands and other waters.
The course explores state regulation of wetlands and other waters, and addresses stream delineation, restoration, and mitigation. Additional panels provide practical tips from experienced practitioners from around the country, an update on Section 404 litigation, and a thorough consideration of the relationship between Endangered Species Act consultation and wetlands regulation. The program also includes science and policy perspectives and closely examines enforcement actions for regulatory violations.
Planning Chairs
Virginia S. Albrecht, Hunton & Williams LLP, Washington, D.C.
James M. McElfish, Jr., Director, Sustainable Use of Land Program, Environmental Law Institute, Washington, D.C.
Margaret N. Strand, Venable LLP, Washington, D.C.
Faculty
KEYNOTE SPEAKER
Benjamin H. Grumbles, Assistant Administrator, Office of Water, U.S. Environmental Protection Agency, Washington, D.C.
FACULTY
Aaron O. Allen, Ph.D., Senior Project Manager/Technical Expert, Regulatory Branch, Los Angeles District, U.S. Army Corps of Engineers, Ventura, California
Robert D. Anderson, Fennemore Craig, P.C., Phoenix
Derb S. Carter, Jr., Director, North Carolina/South Carolina Office, Southern Environmental Law Center, Chapel Hill, North Carolina
Philip H. Darrow, Counsel, Active Adult Development and Environmental, Pulte Homes, Inc., Huntley, Illinois
Duane J. Desiderio, Staff Vice President, Legal Affairs, National Association of Home Builders, Washington, D.C.
James D. Gregory, CPSS, PWS, Ph.D., Professor of Forestry, Watershed and Wetlands Hydrology, North Carolina State University, Raleigh, North Carolina
Janice L. Goldman-Carter, Attorney, National Wildlife Federation, Washington, D.C.
Timothy J. Hagerty, Frost Brown Todd LLC, Louisville, Kentucky
Susan K. Hori, Manatt, Phelps & Phillips, LLP, Costa Mesa, California
Palmer F. Hough, Environmental Scientist, Wetlands Division, U.S. Environmental Protection Agency, Washington, D.C.
Kenneth J. Kopocis, Deputy Staff Director for Infrastructure, Committee on Environment and Public Works, U.S. Senate, Washington, D.C.
John F. Kostyack, Senior Counsel, National Wildlife Federation, Washington, D.C.
Howard A. Learner, President and Executive Director, Environmental Law and Policy Center, Chicago
Lawrence R. Liebesman, Holland & Knight LLP, Washington, D.C.
Robin Mann, Chair, Water Quality, Southeastern Pennsylvania Group, Sierra Club, Rosemont, Pennsylvania
Kevin Minoli, Office of General Counsel, U.S. Environmental Protection Agency, Washington, D.C.
James Murphy, Wetlands and Water Resources Counsel, National Wildlife Federation, Montpelier, Vermont
Michele Cady Nellenbach, Senior Professional Staff Member, Committee on Environment and Public Works, U.S. Senate, Washington, D.C.
Ann M. Redmond, Associate and Regional Manager, Ecological and Water Resources, WilsonMiller, Inc., Tallahassee
Michael S. Rolband, P.E., P.W.S., P.W.D., President, Wetland Studies and Solutions, Inc., Gainesville, Virginia
Mark A. Ryan, Assistant Regional Counsel, Idaho Operations Office, U.S. Environmental Protection Agency, Boise, Idaho
Amena H. Saiyid, Water and Wetlands Reporter, Daily Environment Report, Bureau of National Affairs, Washington, D.C.
Mark F. Sudol, Ph.D. Env., Chief, Regulatory Branch, U.S. Army Corps of Engineers, Washington, D.C.
Roxanne Thomas, Science & Policy Analyst, Environmental Law Institute, Washington, D.C.
Lance D. Wood, Assistant Chief Counsel, Environmental Law and Regulatory Programs, U.S. Army Corps of Engineers, Washington, D.C.
Additional faculty to be confirmed
ALI-ABAStaff: Amy S. Weinberg, Assistant Director, Office of Courses of Study
Program Schedule
Wednesday, May 9, 2007
- 5:30 p.m. Early Registration
- 6:00 p.m. Optional Introductory Lecture: Basics of the Federal Law of Wetlands and Other Waters - Mss. Albrecht and Strand
- 7:30 p.m. Adjournment for the Day
Thursday, May 10, 2007
- 8:00 a.m. Registration and Continental Breakfast
- 9:00 a.m. Introductory Remarks and Course Overview
- 9:15 a.m. Keynote Address - Mr. Grumbles
- 9:45 a.m. Dialogue on Federal Jurisdiction: What Is a Water of the United States, and How Can Landowners and NGOs Challenge Questionable Jurisdictional Determinations? - Messrs. Desiderio, Hagerty, Minoli, and Murphy
- 11:15 a.m. Networking Break
- 11:30 a.m. Outlook for Legislation in the 110th Congress - Mr. Kopocis and Mss. Nellenbach and Saiyid
- 12:30 p.m. Lunch Break
- 1:45 p.m. Mitigation Standards - Ms. Goldman-Carter and Messrs. Hough and Liebesman
- 3:00 p.m. Networking Break
- 3:15 p.m. The New Nationwide Permits - Ms. Mann and Messrs. Rolband and Sudol
- 4:15 p.m. Views from the Field - Messrs. Darrow, Learner, and Ryan
- 5:15 p.m. Adjournment for the Day
Friday, May 11, 2007
- 8:00 a.m. Continental Breakfast
- 8:30 a.m. Non-Rapanos/SWANCC Litigation, Takings, and Enforcement - Messrs. Carter, Hagerty, and Wood
- 10:00 a.m. Networking Break
- 10:15 a.m. A River Runs Through It: Streams and Wetlands Delineation and Mitigation - Professor Gregory and Messrs. Allen, Anderson, and Rolband
- 11:45 a.m. Lunch Break
- 1:00 p.m. Endangered Species Act and Clean Water Act Section 404 - Messrs. Kostyack and Liebesman
- 2:00 p.m. State Protections of Wetlands and Other Waters - Mss. Hori, Redmond, and Thomas
- 3:15 p.m. Networking Break
- 3:30 p.m. Ethics and Professional Responsibility - Mr. McElfish and Ms. Strand
- 5:00 p.m. Adjournment
Total 60-minute hours of instruction: 14.75, including 1.5 hours of ethics
Suggested Prerequisite: Some experience with wetlands issues/legal practice and/or attendance at optional introductory lecture on May 9
Educational Objective: Acquisition of knowledge and skills to address issues of wetlands law; maintenance of professional competence as a practitioner; provision of information on recent legal developments
Level of Instruction: Advanced
Here's what registrants have said about this course:
Excellent speakers, presentations, and materials, across the board. Topics were timely and important. The best CLE course I've ever attended!
Great content and materials as usual!
Well organized and managed...an excellent program.
This course was informative and enlightening.
Speakers were excellent and knowledgeable.
The composition of the panels was well thought out and balanced. That made for entertaining sessions of presentations and question/answer sections.
