Michael Kimberly will participate in a panel entitled “Stormy Seas Ahead for U.S. Water Policy” at the 2015 Energy Bar Association Mid-Year Meeting & Conference.
After receiving over 1 million public comments on their proposed rule, the US Environmental Protection Agency (EPA) and the US Army Corps of Engineers (Army Corps) issued a final rule re-defining “waters of the United States” under the Clean Water Act (CWA), on May 27, 2015. The new definition will be used to determine whether federal permits are needed for filling or discharging pollution to wetlands and other water bodies throughout the Country. The final rule expands federal control over several types of water bodies and provides some specific criteria that may make it easier for the agencies to administer their CWA programs. However, the rule may subject scores of new energy projects to more burdensome and time consuming NEPA processes, and may expose thousands of existing projects to renewed regulations. While the final rule was set to take effect nationwide on August 28, 2015, it faces significant legal challenges. This panel will focus on dissecting the water rule, its impact on the energy industry and energy projects, and give practitioners a sense of the legal arguments raised on several fronts opposing and supporting the rule’s implementation.
For more information, please visit the event website.