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After Rapanos: The Clean Water Act Jurisdiction Guidance

Lorman

Description

The federal regulatory landscape affecting development in and around waters of the United States was significantly altered by the Rapanos decision. Indeed, that landscape continues to shift as the Army Corps and the courts respond in new ways to a perceived loss of jurisdiction.

This teleconference will help you in the regulated community understand the ever-changing jurisdictional landscape and navigate a course to project approval.

The teleconference will explain how we got here and what to expect next. Failing to give proper consideration to Clean Water Act jurisdictional issues on the front-end can delay a project, substantially increase costs, and/or occasionally kill a project. This teleconference is designed to provide you with the knowledge base to avoid common and uncommon regulatory pitfalls.

Upon completion of this courses, students will have developed an understanding of:

  • Scalia
  • Kennedy
  • Impact on Jurisdiction
  • Responses to Rapanos
  • Army Corps Moratorium on Jurisdictional Determinations While Waiting for Guidance
  • EPA and Corps Guidance
  • Circuit Court Decisions Interpreting and Applying Rapanos
  • EPA Efforts to Establish the Value of Remote Headwaters to Downstream Systems
  • Emerging Issues
  • Army Corps' New, Broader Interpretation of Traditional Navigable Waters
  • Federal Legislation to Expand Reach of the Clean Water Act
  • Outer Limits of the Commerce Clause

Outcomes

Learning Objectives

  • The attendee will be able to discuss the Rapanos decision.
  • The attendee will be able to identify in what ways the Army Corps and the courts respond in new ways to a perceived loss of jurisdiction.
  • The attendee will be able to explain how we got here and what to expect next.

Assessment

Student assessment will be done through questions based on the content delivered throughout the course.

course quick facts
course code 381488EAU
cost $249.00
estimated time to
complete course
2 Hours
course materials
available
365 Days
instructor

Paul Singarella is a partner in the Orange County office of Latham & Watkins LLP. His practice focuses primarily on natural resources, water quality, wetlands, hazardous substances, contaminated properties and sediments, water rights, hydrology, and environmental impact analysis and documentation (i.e., NEPA and CEQA).