Law Seminars International Presents:

A comprehensive update on new developments for

Wetlands in Washington

Waters of the US and other recent judicial and administrative developments impacting wetlands; strategies and practical tips for dealing with wetlands issues

November 17, 2022

Regrettably, we've had to cancel this program

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Program Overview

Who Will Benefit from Attending

Attorneys, environmental, real estate and land use professionals, property owners and governmental officials

Why You will Benefit from Attending

Local and state regulation of wetlands remains dynamic, particularly in light of federal administrative policy changes for issues arising under the federal Clean Water Act that have occurred with the transitions from Democratic to Republican and back to Democratic presidential administrations. We also have had major cases coming out of the Supreme Court addressing questions that are fundamental to scope of federal regulatory authority under the Act. This program will cover those developments impacting wetlands regulation and their effect on local governments, business interests, property owners, developers, and the environment.

After bringing you up to date on the federal administrative and judicial developments, our distinguished faculty dive into specific state and local issues. You will hear practical advice on issues like updated interagency wetland mitigation guidance from the Department of Ecology; considerations for establishing the environmental baseline for Endangered Species Act compliance; and wetland mitigation, including banking options.

We're planning a very interesting day with an engaging group of speakers. It is a virtual program, so you will be able to join us from anywhere. We hope to "see" you there!

~ Amanda M. Carr, Esq. of Plauche & Carr and Jenna R. Mandell-Rice, Esq. of Van Ness Feldman, Program Co-C

What You Will Learn

  • Changing Federal Landscape: SCOTUS Sackett case on the defination Waters of the United States and other major changes
  • West Virginia vs. EPA and the Supreme Court's use of the "Major Questions Doctrine" to limit federal agency regulatory authority
  • Key changes in Clean Water Act Nationwide Permits
  • Strategies for responding to the constantly changing federal landscape
  • Environmental baseline calculations for under the ESA for projects involving existing structures
  • Wetlands policy and regulatory implementation in Washington
  • Wetlands mitigation banking update and trends

What Participants Have Said About Similar Programs

  • Timely subject matter.
  • Interesting to have such a wide range of wetlands topics
  • Great lecturers with true wealth of information and practical applications.
  • Great Seminar!

Thursday, November 17, 2022

9:00 am

Introduction & Overview

Amanda M. Carr, Esq. , Program Co-Chair
Plauche & Carr / Seattle, WA

Jenna R. Mandell-Rice, Esq. , Program Co-Chair
Van Ness Feldman / Seattle, WA

9:15 am

Changing Federal Landscape Part 1: Waters of the United States

Litigation update: Sackett v. EPA and its potential implications for federal regulation of activities impacting wetlands

Kelly Wood, Esq. , Section Chief of Ecology Division
Washington State Attorney General's Office / Seattle, WA

WOTUS rulemaking update: Pendulum swings from the Obama Administration through the Trump Administration and now into the Biden Administration

Endre M. Szalay, Esq.
K & L Gates / Seattle, WA

10:45 am

Break

11:00 am

Changing Federal Landscape Part 2: Other Major Changes

West Virginia v. EPA and the Supreme Court's use of the "Major Questions Doctrine" to limit federal agency regulatory authority

Kyle W. Danish, Esq.
Van Ness Feldman / Washington, DC

11:45 am

Lunch

12:45 pm

Clean Water Act (CWA) Nationwide Permits & Section 401 Water Quality Certifications

Clean Water Act (CWA) Nationwide Permits & Water Quality Certifications

Jesse DeNike, Esq.
Plauche & Carr / Seattle, WA

1:45 pm

Strategies for Responding to the Constantly Changing Federal Landscape

Navigating the jurisdictional issues, changes in substantive requirements, and permitting processes as state and local governments attempt to implement new mandates or step in to the void left by receding federal involvement with wetlands issues

Duncan M. Greene, Esq.
Van Ness Feldman / Seattle, WA

2:30 pm

Break

2:45 pm

Endangered Species Act Compliance: What is the Environmental Baseline?

Recent developments under the ESA for projects involving existing structures

Daniel Pollak, Esq. , Attorney
NOAA Office of General Counsel / Long Beach, CA

3:15 pm

Wetlands Policy and Regulatory Implementation in Washington

What's new in wetlands at Ecology?

Richard Mraz , Wetland Policy Lead
Washington State Department of Ecology / Olympia, WA

Habitat restoration in the marine-freshwater transition zone: Case study of the Duwamish River People's Park and Shoreline (formerly known as Terminal 117) mitigation bank project

Kathleen Hurley , Senior Environmental Program Manager
Port of Seattle / Seattle, WA

Other case studies, issues, problems, and success stories

Mara McGrath , Principal
Ecological Land Services / Longview, WA

5:00 pm

Evaluations & Adjourn

Faculty Bios

Amanda M. Carr, Amanda M. Carr, Program Co-Chair, is a named partner at Plauché & Carr. She represents clients in environmental, natural resource, climate, and land use matters. She counsels clients on strategic planning, project permitting, regulatory compliance, and ecosystem markets under environmental statutes including the federal Clean Water Act and Endangered Species Act and Washington's Shoreline Management Act and Growth Management Act.

Jenna R. Mandell-Rice, Jenna R. Mandell-Rice, Program Co-Chair, is a partner at Van Ness Feldman and focuses on natural resources, environmental, and water law. She helps clients navigate complex regulatory, permitting, enforcement and litigation matters under a range of environmental statutes, including the Federal Power Act, the Washington State Environmental Policy Act, National Environmental Policy Act (NEPA), Endangered Species Act, Clean Water Act, and Safe Drinking Water Act.

Kyle W. Danish Kyle W. Danish is a partner at Van Ness Feldman and a nationally recognized expert on energy projects, the energy transition, sustainability, government relations, and environmental regulation. He has decades of experience assisting his clients, including energy companies, manufacturers, financial institutions, think tanks, NGOs and coalitions, on navigating complex issues at the intersection of business and government policy.

Jesse DeNike Jesse DeNike is a partner at Plauche & Carr. He represents clients throughout the state of Washington on land use and environmental matters, guiding them through the land use permit and entitlement process and representing them before administrative and judicial bodies.

Duncan M. Greene Duncan M. Greene is a partner at Van Ness Feldman. He provides strategic advice and support to clients in planning and permitting large, complex projects in the energy, transportation, and natural resource sectors. This includes compliance with state and federal environmental laws such as NEPA/SEPA, the Clean Water Act, the Endangered Species Act, and the Migratory Bird Treaty Act.

Kathleen Hurley Kathleen Hurley is a Senior Environmental Program Manager for the Port of Seattle. She leads the Port's initiatives related to nearshore habitat restoration, alternative bank line stabilization, blue carbon, reduction of ocean acidification, and orca conservation.

Mara McGrath Mara McGrath is a Senior Ecologist, Professional Wetlands Scientist, and Principal at Ecological Land Services where she manages all aspects of permit compliance related to critical areas. This includes experience in designing mitigation sites, preparing mitigation plans, and conducting mitigation site monitoring and reporting.

Richard Mraz Richard Mraz is the Wetland Policy Lead for the Washington Department of Ecology. He is a certified Professional Wetland Scientist who began his career in the wetlands field in Lee County, Florida in 1987. He has worked as a naturalist, field biologist and environmental planner with local, state and federal agencies since 1980.

Daniel Pollak Daniel Pollak is an Attorney-Advisor in the Southwest Section of NOAA's Office of General Counsel. He advises the National Marine Fisheries Service on a broad range of matters arising under the Endangered Species Act, Federal Power Act, Marine Mammal Protection Act, and other substantive and procedural statutes applicable to federal agencies. Prior to joining NOAA in 2016, he represented federal agencies in defensive natural resources litigation as a trial attorney in the Environmental and Natural Resources Division of the U.S. Department of Justice.

Endre M. Szalay, Endre M. Szalay, K&L Gates, focuses on compliance counseling under the full suite of environmental statutes, with an emphasis on the Clean Water Act, National Environmental Policy Act and state equivalents, Endangered Species Act, and the Comprehensive, Environmental Response, Compensation and Liability Act and state equivalents. Prior to joining K&L Gates, he was Assistant Regional Counsel for the U.S. Environmental Protection Agency and served as Region 10's Senior Water Enforcement Attorney.

Kelly Wood Kelly Wood is the Section Chief of Ecology Division at the Washington State Attorney General's Office. Before joining the Attorney General's office, he was in private practice focusing on toxics, water quality, air quality, shoreline management, and natural resource damages.

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