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Arizona Federal Case Decision Blocks Navigable Waters Protection Rule Nationwide
Russell has more than 25 years of experience in environmental regulations compliance for federal, state, and local laws with an understanding of the nuances of FERC regulations and NEPA, CWA, and ESA compliance.
Nathan Jones is a Principal Environmental Consultant who oversees and manages renewable energy development projects. His extensive experience includes supporting, permitting, and managing projects on federal, state, and private lands. Nathan is well-versed in regulatory frameworks such as FAST-41 (Title 41 of the Fixing America’s Surface Transportation (FAST) Act), NEPA, ESA, CWA, and NHPA, along with state and local regulations. Additionally, he offers technical assistance to other project managers in the renewable energy sector.
Weissman is a Senior Project Manager at SWCA with over 15 years in the environmental consulting industry. She is experienced in all phases of the environmental permitting process, including leading wetland and natural resource field assessments in both coastal and freshwater communities, preparing federal and state environmental permit applications, and coordinating with regulatory agencies. Ms. Weissman has a wide-breadth of project experience, including energy (wind, electric transmission, and natural gas), transportation, and retail and commercial development projects. Ms. Weissman’s technical background is in wetland science, and she is both a Professional Wetland Scientist (PWS) and New Hampshire Certified Wetland Scientist (CWS). She has conducted numerous wetland delineations and vernal pool assessments throughout the northeastern United States, and holds a Certificate in Native Plant Studies from the New England Wildflower Society. She is a vice-chair of the Holliston Conservation Commission and was previously a member of the Wellesley Wetlands Protection Committee.
Over the past 8 years, Ms. Weissman’s primary focus has been the management of natural gas pipeline projects regulated by the Federal Energy Regulatory Commission. Ms. Weissman has coordinated and managed numerous environmental permit applications submitted to FERC, the U.S. Army Corps of Engineers, and various state environmental agencies throughout the United States.
As the Natural Resources Director for Arizona, Victoria Casteel manages the biological and water resources teams in Tucson, Phoenix, and Flagstaff. Victoria also serves as a project manager, environmental planner, and Clean Water Act (CWA) specialist in SWCA’s West Region. She has over 17 years of experience in environmental and water resources, with a specialty in CWA compliance. She provides guidance, agency coordination, and technical expertise to ensure environmental compliance for her clients for a wide range of project sites throughout the state of Arizona. She is proactive and responsive to her clients’ needs while preparing a variety of documents, such as CWA Section 404 jurisdictional delineations (JDs), Nationwide and Individual Permit applications, Section 401 Water Quality Certification applications, Section 402 Stormwater Pollution Prevention Plans (SWPPPs), and National Environmental Policy Act (NEPA) documentation.
On August 30, 2021, U.S. District Judge Rosemary Márquez, presiding in the District of Arizona, granted a request by the United States for voluntary remand of the Navigable Waters Protection Rule (NWPR) to allow for reconsideration of the rule by the U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (USACE). The judge also granted the plaintiffs’ (Pascua Yaqui Tribe, et al.) request that the NWPR be vacated while the USACE and EPA reconsider the rule and work to develop a new definition of waters of the United States. The order further requests proposals from the case parties by September 30, 2021, regarding the future status of the 2019 repeal of the Obama-era Clean Water Rule (CWR), raising the potential that the regulations for determining waters of the United States could revert either to the 2008 post-Rapanos guidance or to the 2015 CWR.
This is an emerging regulatory development with significant uncertainty.
SWCA will continue to monitor this matter and will provide updates when they are available. If you have any questions regarding waters of the United States jurisdiction and associated regulations, please do not hesitate to reach out to your primary SWCA contact or one of our regional wetland scientists. Bonnie Rogers (California)