Blog
ELPO Law Attorneys Speak on Environmental Law
by Ashley Carter
-ELPO Law attorney Sarah Jarboe recently spoke at the SEER Spring Conference in Philadelphia. The annual environmental conference presented by the American Bar Association, brings top practitioners, experts, and thought leaders together for a deep dive into some of the most compelling and timely topics in the field of environment, energy, and resources law. Jarboe, along with three other panelists spoke on “The 411 on 404s: The Current State of Clean Water Act Section 404 Permitting.”
The panel explored the current state of 404 permitting from the legal, environmental, and regulatory perspectives. Nearly two years after the Supreme Court’s narrowing of CWA jurisdiction over wetlands in Sackett, the panel discussed the ways in which that decision has changed the 404 permitting process. Using Florida, Michigan, and New Jersey as case studies, the panel also explored the rocky shoals of state assumption of the 404 permitting program, including the major waves created by the recent U.S. District Court decision vacating the EPA’s delegation of 404 permitting authority to the state of Florida. In addition, the panel provided a primer on the 404 permitting process and addressed the consultation and coordination challenges involved with 404 permitting and other sources of authority, including Retained Waters under the Rivers and Harbors Act, species consultation under the Endangered Species Act, and Section 106 coordination under the National Historic Preservation Act. Participants left with a better practical understanding of how to successfully navigate the waters of 404 permitting.
-Joye Beth Spinks spoke at the 23rd Annual Kentucky Environmental Conference. Held in Lexington, KY, the conference aims to provide the latest information on Kentucky and federal environmental policies and regulations, as well as information on new environmental compliance mandates. Spinks, along with Ricardo Federico, Associate Principal for EnSafe Inc. presented on “What You Don’t Know CAN Hurt You: Environmental Laws to Put on Your Radar.” Keeping up with the laws and regulations that affect your company or your clients can be a full-time job. With the volume of local, state and federal statutes and regulations to comply with, it can be easy to miss or misinterpret a requirement. And unfortunately, lack of knowledge of a requirement is rarely going to affect liability or enforcement. The session reviewed some of the often overlooked or misunderstood areas of environmental compliance under laws like:
- Federal Insecticide, Fungicide and Rodenticide Act (FIFRA)
- Clean Air Act Risk Management Program (RMP)
- Resource, Conservation, and Recovery Act (RCRA) e-Manifest Program Reporting
They also discussed current federal compliance initiatives and how enforcement priorities may shift under the Trump administration.
