The protections afforded wetlands and other waters of the United States under Section 404 of the Clean Water Act pose important issues in most public or private development projects.  Kaplan Kirsch & Rockwell has worked closely with clients proposing or opposing development projects on Section 404 issues.  A careful and strategic approach to the requirements of Section 404—and to their interaction with other requirements, such as the National Environmental Protection Act (NEPA) or the Endangered Species Act—is critical to these projects.

We bring expertise in dealing with Section 404 issues to all matters in which we are involved.  Our attorneys have addressed Section 404 permitting issues and interconnected NEPA and Endangered Species Act compliance issues associated with highway, airport, large dam, flood control, commercial, and residential projects nationwide.

Representative Cases

Turner v. Ga. River Network, 2015 Ga. LEXIS 438 (Ga. June 15, 2015) (challenged State’s application of erosion and sedimentation buffer)

Altamaha Riverkeeper, Inc. v. Rayonier, Inc., 2015 U.S. Dist. LEXIS 42849 (S.D. Ga. Mar. 31, 2015) (Clean Water Act citizen suit to enforce narrative water quality standards)

Ga. River Network v. Army Corps of Engineers, 517 Fed. Appx. 699 (11th Cir. 2013) (challenged wetlands permit for reservoir)

Altamaha Riverkeeper v. Barnes, 2010 Ga. ENV. LEXIS 16 (OSAH July 23, 2010) (challenged industrial discharge and surface water withdrawal permits)

Holy Cross Wilderness Defense Fund v. Madigan, 960 F.2d 1515 (10th Cir. 1992) (challenged wetlands permitting process)

Representative Experience

  • Advised a client on the implications of the proposed Two Forks Dam on the South Platte River in Colorado for the client’s interests downstream in Nebraska, resulting in the only veto of a Section 404 permit by the Environmental Protection Agency in the history of Section 404.
  • Addressed the complicated interaction of Section 404 with NEPA and the Endangered Species Act in airport, flood control, water, highway, and development projects in Washington, Colorado, Illinois, Arizona, Utah, and Wyoming; and the interaction of Section 404 and local permitting schemes in several states, including Colorado.
  • Represented commercial developers in obtaining, monitoring, and closing 404 permits.

Publications

Contributor
ABA Environment, Energy, and Resources Law: The Year in Review 2017
May 2018
Contributor
ABA Environment, Energy, and Resources Law: The Year in Review 2016
May 2017
34 National Wetlands Newsletter 2
April 2012

News