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USEPA Definition of "Waters of the United States"

Learn about what the future may hold for the 'Waters of the United States'.

The land use development process requires the identification of Federal jurisdictional waters and wetlands on a project site or along a project corridor. The U.S. Environmental Protection Agency (USEPA) and the U.S. Army Corps of Engineers (USACE) published revised definition of 'Waters of the United States' found at 40 CFR Part 230, on June 29, 2015, effective August 28, 2015. Court challenges have resulted in the rule being stayed, and more recently, president Trump issued an executive order directing the EPA's administer to either rescind or revise the rule. This topic will help you understand the eight specific categories of jurisdictional waters and wetlands in the new definition. The material will review the extensive list of features excluded from regulatory oversight and a number of new terms, such as adjacent, neighboring and ordinary high water line, used in the definition. A summary of the four decade history of the evolution of the definition of waters of the United States within the Section 404 program will be interjected into the discussion including past Federal guidance and Supreme Court cases that greatly influenced the new definition. The topic will conclude with a look into the future on how this definition and the executive order may change the Section 404 federal permitting program in the coming years.

Runtime: 86 minutes
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Agenda

Introduction and Agenda

  • Course Objectives
  • Clean Water Act Framework
  • USEPA and USACE Federal Regulatory Programs
  • Regulated/Jurisdictional Waters and Wetlands
  • President Trump's February 2017 Executive Order

Waters of the United States Definition

  • Categories of Waters

- Traditional Navigable Waters

- Non-Navigable Waters

- Tributaries

- Adjacent Wetlands and Waters

- Regionally Similar Type Waters

- Remaining Waters and Wetlands

  • Exclusions (Nonjurisdictional)
  • Definitions and Terms

Significant Nexus

  • Adjacent Wetlands

- U.S. v. Riverside Bayview Homes (1985)

- Bordering, Contiguous and Neighboring

  • Isolated Wetlands

- SWANNC v. USACE (2001)

- Rapanos v. U.S. (2006)

  • Significant Nexus

- Finding of Significant Nexus

- Functions to Evaluate

Connectivity of Streams and Wetlands to Downstream Waters

  • USEPA Report
  • Tributaries to TNWs
  • Floodplain and Adjacent Wetlands
  • Nonfloodplain and Isolated Wetlands
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Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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OnDemand Webinar

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

David Charette

David Charette

Langan Engineering and Environmental Services, Inc.

  • Principal in Langan Engineering and Environmental Services, Inc.
  • Director of Natural Resources and Land Use Permitting Group for Langan
  • Practicing 30 years in the field of wetlands, wetlands mitigation and land use permitting in the Northeast
  • B.S. degree, University of Connecticut; M.S. degree in ecology, Rutgers University
  • Certified Professional Wetland Scientist (PWS) since 1994
  • Leadership in Energy and Environmental Design (LEED) Accredited Professional
  • Can be contacted at [email protected]
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Product ID: 400244
Published 2017
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