Attorneys, business and industry executives, public interest groups, environmental consultants and public officials involved in wetland permitting, NEPA analyses and projects with potential impacts to threatened or endangered species.
The D.C. Circuit Court of Appeal's recent decision in Sierra Club v. Antwerp provides important lessons for those involved with Section 404 Permitting, NEPA analyses and ESA consultation. The Court rejected plaintiffs' Clean Water Act challenges to a Section 404 permit to fill 54 acres of wetlands for a large mixed-use development with 14,000 parking stalls and also addressed the Corps' decision not to require preparation of an EIS. The Court found that potential impacts to the listed wood stork were adequately mitigated but remanded for further evaluation of impacts to the listed indigo snake.
This decision is one of only a handful of cases that directly addresses when alternatives to a project may be considered impracticable on economic grounds. The case also provides important precedent on when a federal agency may issue a FONSI and avoid preparation of an EIS. Finally, the case offers guidance for addressing impacts and mitigation of impacts to threatened and engagement species and their habitat.
In this one-hour TeleBriefing, the moderator and two of the lead counsel in the case will discuss the practical implications of the decision for projects that fill Waters of the United States, for compliance with NEPA, and for satisfying the provisions of the Endangered Species Act.
~ Brent Carson, Esq., Moderator
Introduction & Overview
Brent Carson, Esq., Moderator, Partner
GordonDerr LLP / Seattle, WA
Douglas M. Halsey, Esq., Partner
White & Case LLP / Miami, FL
Environmental Advocate's Perspective
Eric Glitzenstein, Esq., Partner
Meyer Glitzenstein & Crystal / Washington, DC
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Brent Carson, partner at GordonDerr LLP, provides strategic advice and critical support to clients with complex land development and real property issues. He has in-depth knowledge of the local, state and federal land use and environmental entitlements process including comprehensive plan amendments, rezones, master plans, development agreements, wetlands and in-water construction permits, endangered species consultation, mitigation banks, shorelines, SEPA/NEPA compliance, road vacations, and impact fees. His litigation practice includes defense of environmental enforcement actions and development approvals before local and state administrative tribunals and in court, as well as resolving real property disputes involving purchase agreements, leases, loans, easements, covenants trespass and boundary lines. He is listed in The Best Lawyers in America, 2005-2012.
Eric Glitzenstein, a founding partner of Meyer Glitzenstein & Crystal, specializes in environmental, wildlife, animal protection, natural resource, open government, and other public interest cases. He has been lead or co-counsel in hundreds of cases in federal courts throughout the country, and has argued dozens of cases in the U.S. Courts of Appeals. In addition to serving as lead counsel in several cases in the U.S. Supreme Court, Mr. Glitzenstein has filed many amicus briefs in that Court on behalf of non-profit organizations in environmental, administrative law, open government, and constitutional cases.
Douglas M. Halsey, partner at White & Case LLP, covers all aspects of environmental and land use law, including litigation, transactional advice and regulatory matters. During the last thirty years, Mr. Halsey has tried numerous cases in state and federal court with a special emphasis on cost recovery claims and land use disputes. He has represented mining companies, manufacturers, developers, and property owners in complex civil litigation and defended enforcement actions brought by the EPA and other federal, state, and local government agencies under the Clean Water Act, CERCLA, RCRA, CAA, TSCA, FIFRA, NEPA, and parallel state and local government regulatory schemes. In 2003, following 11 years of litigation in federal and state courts, Mr. Halsey obtained for property owners in Monroe County, Florida, the largest recovery in U.S. history for a "temporary taking." Mr. Halsey has also defended numerous toxic tort cases based on alleged exposure to a variety of hazardous substances, including creosote, perchloroethylene and mercury. He is listed in Best Lawyers' 2010 as Miami Environmental Lawyer of the Year and in 2012 Best Lawyers selected him as 'Miami Environmental Litigator of the Year.' Mr. Halsey represented the developers of the Cypress Creek Town Center in the successful appeal that is the subject of this TeleBriefing.