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SWCA recently hosted a free webinar to discuss recent changes to the Clean Water Act Section 404 Nationwide Permit Program. For those who were unable to attend, you can access the video recording below.

 

In this webinar, a panel of regulatory experts discuss the Montana District Court Order which found that the U.S. Army Corps of Engineers (USACE) violated the Endangered Species Act (ESA) when it reissued Nationwide Permit 12 (NWP 12) in 2017. 

The Montana judge vacated the NWP 12 in its entirety and issued an injunction prohibiting the USACE from authorizing dredge and fill activities under NWP 12 until the USACE satisfies ESA Section 7 consultation requirements. Our panelists discussed the court’s decision, how the USACE is responding, and practical approaches for managing this regulatory uncertainty for ongoing and upcoming projects.

The panel was moderated by Cara Bellavia and Ken Houser, Vice Presidents with SWCA. Panelists from SWCA included regulatory/compliance specialists Noah Greenberg and Rick Howard, as well as Alan Glen from Smith Robertson, LLP and Scott Deatherage from S Deatherage Law.