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.
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)