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Audio & Reference Manual

Planning for the New(est) Definition of Waters of the United States (WOTUS)

Understand the steps you should take so you can be prepared for potential changes in status.

Receive current and up-to-date information on the status of the controversial 2015 Waters of the United States definition (Clean Water Act), the similarities and differences between the 2007 and 2015 definitions. Learn how the Corps is defining and reviewing significant nexus for otherwise isolated waters under both programs. You will be made aware of the proactive steps you should take to prepare your clients and projects for potential change in status.

Runtime: 88 minutes
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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.

Agenda

Current (2007) Definition of WOTUS

  • Traditional Navigable Waters (Section 10 Rivers and Harbors Act)
  • Waters of United States (Section 404 Clean Water Act (33 CFR 238.3(a))

Overview - How Did We Get "Back" Here

  • USEPA/US ACOE Commerce Connection Criteria (ca. 1986)
  • Wilson (133 F. 3d 251) (4th Cir. 1997))
  • SWANCC (531 U.S. 159) (2001) and Rapanos and Carabell (547 U.S. 751) (2006)
  • USEPA/U.S. Army Corps of Engineers Guidance 5/30/2007

Proposed 2015 WOTUS Regulations

  • 2015 WOTUS Regulations Public Notice Time Frame (April 21, 2014 - October 21, 2015)
  • Stream Connectivity Study
  • Content of the 2015 Regulations in Public Notice
  • Effective Timeframe of 2015 WOTUS Regulations (June 2015, Effective August 2015)
  • National Stay on Decision 6th Circuit Court (October 2016)

Compare/Contrast 2007 Definition With 2015 Public Notice and Final Definition

  • Waters Automatically Regulated vs. Those Regulated by Significant Nexus
  • Features Not Regulated
  • Definitions

Documenting "Significant Nexus" (or Lack Thereof) for Otherwise "Isolated" Waters

  • Typical Corps Documentation Requirements for Wetland Delineations
  • Typical Documentation Requirements for "Significant Nexus"

Current Activity in Courts, Congress, Elsewhere

  • 6th Circuit Court Hearing/Decision on Federal Clean Water Act Rule
  • Congressional Void of CWA Regulations/Presidential Veto

How to Prepare for Possible Changes in WOTUS Definition

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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.

Credits

OnDemand Webinar

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

Audio & Reference Manual

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

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More Program Information

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

Terresa M. Bakner, Esq.

Terresa M. Bakner, Esq.

Whiteman Osterman & Hanna LLP

  • Partner (Environmental, Energy and Land Use Law) at Whiteman, Osterman & Hanna, LLP
  • Decades of experience appearing before the federal and State resource and regulatory agencies, including the U.S. Army Corps of Engineers, U.S. EPA, U.S. FWS, NYS Department of Environmental Conservation and the NY Public Service Commission
  • Assisted in the development of millions of square feet of retail development, office parks, energy facilities (cogeneration plants, hydroelectric, electric transmission lines, natural gas lines and hundreds of wind turbines
  • Extensive experience is assisting municipalities in the review of complex projects under the NYS Environmental Quality Review Act, as well as in working with developers appearing before municipalities for local land use approvals
  • Frequent presenter on issues involving wetlands focusing on changes in the program due to court cases and regulatory amendments to many trade and municipal organizations
  • Immediate past chair of the Environmental Law Section of the New York State Bar Association
  • J.D. degree, Albany Law School of Union University; B.A. degree in political science and medieval studies, Penn State University
  • Can be contacted at 518-487-7615 or [email protected]
Barbara Beall, PWS, LEED® AP

Barbara Beall, PWS, LEED® AP

The Chazen Companies

  • Partner (director, Natural Resource Services) at The Chazen Companies
  • 30 years of practice in wetland and ecological resources, (five years in the Corps of Engineers Regulatory Branch)
  • Expert witness in Federal and New York State Court; clients include Angry Orchard (Boston Beer Company), Dunkin Doughnuts, NYS Department of Transportation, NYS Office of General Services, utilities, cellular communication towers, transportation, municipal and land development organizations
  • Leads regular seminars and workshops in areas of wetland delineation, regulation and permitting to groups through Lorman, American Council of Engineering Companies (ACEC), New York State Society of Professional Engineers (NYSSPE), Wetland Training Institute (WTI) and others
  • M.S. degree, graduate program environmental studies, SUNY Environmental Science and Forestry; B.S. degree in environmental science (chemistry), Long Island University
  • Certified Professional Wetland Scientist, past board member, Society of Wetland Scientists Professional Certification Program, past-chair, New York State Wetlands Forum
  • Can be contacted at 518-824-1934 or [email protected]
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Product ID: 395814
Published 2016
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