Endangered Species Act, Wetlands, and Stormwater Regulatory Compliance for Energy & Utilities

Endangered Species Act, Wetlands, and Stormwater Regulatory Compliance for Energy & Utilities

September 12-13, 2022 | Online :: Central Time

“EUCI has great classes to offer. Speakers are very informative in all subjects. Perfect fit for anyone new in the industry or someone looking to expand their knowledge.” – Environmental Technician, Wetland Studies and Solutions

“Very well done! A lot of information presented in an easy to follow manner. Excellent instruction that keeps both experts and novices up to date.” – Dominion Energy

“These were some of the most informed, interesting, and non-boring speakers I have heard in a long while. EUCI speakers are experienced and very knowledgeable.” – Attorney, Gould & Ratner, LLP

“As a consultant, I knew several parts of the big picture and this training connected the dots for me and even taught me some stuff I didn’t know!  It was a really insightful training class with very knowledgeable speakers.” – TTL

Environmental permitting affects many utility projects in the United States. Often, these processes impose delays, constraints and additional costs that are not anticipated by the project team. The goal of this course is to provide attendees with a broad understanding of many of the commonly encountered permitting processes associated with construction, maintenance and operational activities. 

This course will strive to inform attendees of when permitting may be necessary and to provide an understanding of the process for navigating these permitting processes. Relying on experience working on hundreds of previous projects on these subjects, course instructors will provide case studies to highlight lessons learned and successful approaches. An additional goal of this course will be to provide attendees with tools to make environmental permitting a more efficient component of their organization’s project management. 

Learning Outcomes

  • Review utility and energy project activities that are likely to “trigger” environmental regulation under Clean Water Act, Endangered Species Act, and National Environmental Policy Act
  • Discuss the basis and intent of these regulations
  • Identify endangered vs. threatened species, critical habitat designation, consultation process, penalties, and more when it comes to the Endangered Species Act
  • Define the National Historic Preservation Act, as well as the actions that may cause adverse effects, potential historic properties, and more
  • Review the Clean Water Act, including Sections 303, 401, 402, and 404
  • Study Nationwide Permits and discuss what it does, where it’s used, special considerations, etc.
  • Gain insight on the National Environmental Policy Act such as its history, regulations, requirements, and reforms
  • Review what’s included in the Coastal Zone Management Act

Agenda

Monday, September 12, 2022 : Central Time

8:45 – 9:00 a.m.
Log In

12:30  – 1:15 p.m.
Lunch Break

9:00 a.m. – 4:30 p.m.
Course Timing

Clean Water Act

  • History of the Federal Clean Water Act
  • Significance/Applicable Sections

CWA – Section 303 Overview

 

CWA – Section 402

  • National Pollution Discharge Elimination System (NPDES)
  • Typically Administered by States
    • Construction Stormwater Permitting
      • When required
      • General vs. individual permit
      • Inspection, monitoring, and documentation
      • Termination
    • Industrial Site Stormwater Permitting
      • Permitting options and requirements
    • Municipal Separate Storm Sewer System (MS4) Permitting
      • Types of MS4s
        • Cities/towns
        • Transportation right-of-ways
        • Non-standard MS4s
      • Components and requirements
    • Dewatering Permitting
    • Groundwater
      • When required
      • Permitting process and monitoring requirements
    • Construction
      • Temporary in nature
      • Permitting process
    • Stormwater Permitting Resources
      • Site characterization
      • Template appendices
      • “Umbrella” approaches

Rivers and Harbors Appropriation Act of 1899

  • Navigable Waters
  • Section 10
  • Constructing Structures Under Navigable Waters

CWA – Section 404

  • Federal Agencies Administering Section 404 Program
    • US Army Corps of Engineers (USACE)
    • US Environmental Protection Agency (USEPA)
  • Jurisdiction: Geographic Extent of Waters in the US
    • 33 CFR 328.3
    • Current Revisions – aka Navigable Waters Protection Rule
    • Territorial Seas and Traditional Navigable Waters
    • Tributaries
    • Lakes and Ponds
    • Adjacent Wetlands
    • Ditches
    • “Typical Year”
  • Non-Jurisdictional Categories
    • Groundwater
    • Ephemeral Features
    • Diffuse Stormwater Runoff
    • Ditches
    • Prior Converted Croplands
    • Artificially Irrigated Areas, Lakes, and Ponds
    • Water-Filled Depressions
    • Stormwater Control
    • Waste Treatment Systems
    • Potential Issues
    • Legal Challenges
  • What Does This Mean to You?  
  • Wetlands
    • Definitions
    • Tidal Waters and Non-Tidal Waters
    • Jurisdictional Determination

Section 404 Authorizations

  • General and Individual Permits
  • Exempt Activities
  • State Adoption
  • Excavation-Tulloch Rule
  • Regional General Permits (RGPs)
  • Programmatic General Permits (PGPs)

Endangered Species Act

  • Federal Agencies Administering ESA
    • US Fish & Wildlife Service (USFWS)
    • National Oceanic and Atmospheric Administration (NOAA)
  • What It Protects
    • Threatened Species
    • Endangered Species
  • Threatened and Endangered Species
    • Process for Listing
    • Listing Factors
    • Plants
  • Endangered vs. Threatened
    • Imminence of Extinction
    • Significant Portion of Its Range
    • 2019 Regulatory Amendments
    • 4(d) Rules
  • Critical Habitat Designation
    • Based on Scientific Information
    • Accounts for Economic Impacts
  • Recurring Review
    • Change In Listing Status
      • Up-listing
      • Down-listing
      • Delisting
    • Change in Identified Critical Habitat
  • Activities It Regulates – ESA Section 9 Prohibition
    • Prohibits “Take” of Listed Species
  • Section 7 Consultation Process
    • When Is It Required?
    • What Is Involved?
    • Jeopardy/Adverse Modification
    • Pitfalls
    • Benefits
  • Section 10 Incidental Take Permits and Habitat Conservation Plan
    • What Are They?
    • What Is Involved?
    • Pitfalls
    • Benefits
  • Penalties for Non-Compliance and Section 11 Citizen-Suit Provision
    • Civil and Criminal Penalties
    • Lawsuits and Injunctive Relief
    • Citizen-Suits
      • NOI
      • ESA vs. APA challenges
    • ESA Compliance
      • Identifying when ESA compliance may be a consideration
      • USFWS maintained species lists by county
      • Understanding habitat types used by listed species
      • Awareness of USFWS species profiles/guidelines for species that identify when project owners should coordinate with the USFWS

National Historic Preservation Act

  • Define the NHPA and Its Key Components
    • National Register of Historic Places (NRHP)
    • Advisory Council on Historic Preservation (ACHP)
    • State Historic Preservation Offices (SHPOs)
    • Tribal Historic Preservation Offices (THPOs)
    • Section 106
    • Section 110
    • Understand the Section 106 4-Step Process
  • Identify Actions That Trigger HP Review
  • Identify Potential Historic Properties
  • Identify actions That May Cause Adverse Effects
  • Describe the Purpose of A Memorandum of Agreement and Programmatic Agreement
  • State Historic Preservation Office and Their Regulations

Nationwide Permit 12

  • What It Is and What It Does
  • Where It’s Used
  • Special Considerations for Linear Projects
  • General Conditions
    • Endangered Species Act
    • National Historic Preservation Act
    • Pre-Construction Notification
  • Regional Conditions

Tuesday, September 13, 2022 : Central Time

8:45 – 9:00 a.m.
Log In

9:00 a.m. – 12:00 p.m.
Course Timing

National Environmental Policy Act

  • NEPA History
  • NEPA Regulated Activities
    • Projects requiring federal action and NEPA review
    • Agencies that use NEPA reviews for planning and issuing permits
    • Kinds of projects
  • What are the requirements
    • Environmental Assessment (EA)
    • Finding of No Significant Impact (FONSI)
    • Environmental Impact Statement (EIS)
  • NEPA Reform and CEQ’s Proposed Regulations
    • What’s changed
    • Greenhouse Gas Analysis
    • Cumulative Effects
    • Current Status and Risk Management

CWA – Section 401

  • June 2020 – EPA Finalized “Clean Water Act Section 401 Certification Rule”
  • What it is and what it does
  • Beyond water quality
  • Kinds of projects that triggers it
  • Role of State Environmental Quality Act Law
  • Impact of denial of State Water Quality Certificate on projects

Coastal Zone Management Act

  • What it is and does
  • What’s included in a coastal zone
  • Finding that project is inconsistent with State’s Coastal Zone Management Act

Workshop

Migratory Bird Treaty & Eagle Protection Acts

Tuesday, September 13, 2022 : Central Time

During this afternoon workshop, we will learn about the Bald and Golden Eagle Protection Act (BGEPA) and Migratory Bird Treaty Act (MBTA). The goal will be to understand what is prohibited under BGEPA and MBTA, how the US Fish and Wildlife Service (USFWS) administers these two laws, and what is in flux. Those in class will leave the workshop with an understanding of how to assess the risks under BGEPA and MBTA using examples across several industries.

Learning Outcomes  

  • Review how the BGEPA and MBTA function and how they may impact project development and operations
  • Discuss where the challenges lie when managing risk under these two statutes at your projects
  • Evaluate what changes are expected in the near term to both regulatory programs and how to keep track of these changes

Requirements for Successful Completion of Program 

Participants must log in and be in attendance for the entirety of the workshop to be eligible for continuing education credit. 

Instructional Methods

PowerPoint presentations and open discussion, along with real use cases.

Who Should Attend 

  • Environmental, health, and safety employees for electric utilities
  • Electrical utility project managers with projects revolving around environmental regulation

Agenda

12:45 – 1:00 p.m.
Log In

1:00 – 4:30 p.m.
Workshop Timing

 

Bald and Golden Eagle Protection Act

    • Overview of Statutory Protections and Enforcement Risks
    • Overview of Permitting Program for Incidental Take, Nest Disturbance, and Nest Removal
    • Practical Considerations for Those in the Wind, Solar, Electric and Water Infrastructure, Mining, Commercial, and Residential Sectors
    • Update on Anticipated Regulatory Changes

Migratory Bird Treaty Act

    • Overview of Statutory Protections and Enforcement Considerations
    • Overview of Current Regulatory Status, Current Circuit Court Status, and Legislative Status
    • Overview of Director’s Order and USFWS Development of a Permit Program
    • Practical Considerations for Managing MBTA Enforcement Risk

Instructor

Brooke Marcus, Partner, Nossaman

Brooke Marcus is a natural resources lawyer focused on powering the economy while maintaining compliance with environmental laws. She is go-to counsel for matters involving the Endangered Species Act (ESA), the Migratory Bird Treaty Act (MBTA), the Bald and Golden Eagle Protection Act (BGEPA), Clean Water Act (CWA), the National Environmental Policy Act (NEPA), and the National Historic Preservation Act (NHPA).

Brooke counsels some of the nation’s largest electric generation and transmission companies; wind, solar, and storage energy companies; pipeline companies; real estate developers; governmental entities; species conservation bankers; investment companies; and mining companies. She works with them on policy-level and project-specific issues arising under ESA, BGEPA, MBTA, CWA, and NEPA. She currently assists in the development of dozens of Habitat Conservation Plans and BGEPA permits, and several other ESA, BGEPA and CWA compliance efforts. These efforts span across several industries (wind energy, solar energy, electric transmission and distribution, water infrastructure, and timber management) and occur within every region of the US Fish and Wildlife Service. Brooke assists wind, solar, storage, pipeline, and transmission line project developers with federal, state, and local environmental and land use permitting strategies. Brooke also advises clients on policy-level issues related to the ESA, BGEPA, MBTA, and NEPA and often represents her clients in Washington D.C. on related policy issues.

Instructors

Kimberly Degutis, PWS, CESCL, GZA GeoEnvironmental, Inc.

Kimberly is a Professional Wetland Scientist with over twenty-three years of progressive experience in siting, natural resource impact assessment, regulatory permitting, and construction monitoring services for a variety of multi-state energy transmission and generation related projects. She regularly provides interdisciplinary and interagency coordination and support between the electric and natural gas industry and the US Army Corps of Engineers, US Fish and Wildlife Service, various State Historic Preservation Officers/Tribal Historic Preservation Officers, Environmental Protection Agency, National Marine Fisheries Service, Bureau of Land Management, US Forest Service, and other federal and state regulatory agencies. She has lead project teams in the successful acquisition of Clean Water Act Section 404 / 401 and Section 10 permits and Federal Energy Regulatory Commission siting certificates for moderate and large-scale projects.

Kim has also planned final design studies and authored Final Environmental Impact Statements and Environmental Assessments in compliance with National Environmental Policy Act criteria. She has worked with energy clients in six regions of the country including the Mid-Atlantic, New England, Alaska, the Pacific Northwest and Great Plains regions.


Tom Russo, President, Russo on Energy

Tom Russo is an Energy and Environmental expert with unique FERC regulatory skills in siting hydropower, natural gas and liquefied natural gas infrastructure, NEPA environmental impact assessment and in how energy markets, prices and physical/cybersecurity affect infrastructure investments.

Prior to founding Russo on Energy LLC in May 2015, Mr. Russo worked for over 30 years as a Manager and Sr. Energy Industry Analyst at the Federal Energy Regulatory Commission (FERC). During that time, he amassed experience in hydropower licensing, NEPA environmental impact assessment of energy projects, business process reengineering, and natural gas and crude oil market oversight. Mr. Russo thoroughly understands the Natural Gas Act, Natural Gas Policy Act, Federal Power Act and Energy Policy Act as they apply to natural gas and hydroelectric projects. He is very active in hydropower and natural gas matters and writes an Energy and Environmental column for the Natural Gas and Electricity Journal. He also co-authored for the R Street Institute entitled “Ebbing the flow of hydropower red tape.”

Mr. Russo is a native of Brooklyn, New York. He earned a credential as a Certified Information Systems Security Professional (CISSP) in 2010. He also graduated with an MBA in Finance from George Washington University and an MS in Biology from University of Alabama.


Brooke Marcus, Partner, Nossaman

Brooke Marcus is a natural resources lawyer focused on powering the economy while maintaining compliance with environmental laws. She is go-to counsel for matters involving the Endangered Species Act (ESA), the Migratory Bird Treaty Act (MBTA), the Bald and Golden Eagle Protection Act (BGEPA), Clean Water Act (CWA) the National Environmental Policy Act (NEPA), and the National Historic Preservation Act (NHPA).

Brooke counsels some of the nation’s largest electric generation and transmission companies, wind, solar, and storage energy companies, pipeline companies, real estate developers, governmental entities, species conservation bankers, investment companies, and mining companies. She works with them on policy-level and project-specific issues arising under ESA, BGEPA, MBTA, CWA, and NEPA. She currently assists in the development of dozens of Habitat Conservation Plans and BGEPA permits, and several other ESA, BGEPA and CWA compliance efforts. These efforts span across several industries (wind energy, solar energy, electric transmission and distribution, water infrastructure, timber management) and occur within every region of the US Fish and Wildlife Service. Brooke assists wind, solar, storage, pipeline, and transmission line project developers with federal, state, and local environmental and land use permitting strategies. Brooke also advises clients on policy-level issues related to the ESA, BGEPA, MBTA, and NEPA and often represents her clients in Washington D.C. on related policy issues.

 

Online Delivery

We will be using Microsoft Teams to facilitate your participation in the upcoming event. You do not need to have an existing Teams account in order to participate in the broadcast – the course will play in your browser and you will have the option of using a microphone to speak with the room and ask questions, or type any questions in via the chat window and our on-site representative will relay your question to the instructor.

  • IMPORTANT NOTE: After November 30 you will not be able to join a Teams meeting using Internet Explorer 11. Microsoft recommends downloading and installing the Teams app if possible. You may also use the Edge browser or Chrome.
  • You will receive a meeting invitation will include a link to join the meeting.
  • Separate meeting invitations will be sent for the morning and afternoon sessions of the course.
    • You will need to join the appropriate meeting at the appropriate time.
  • If you are using a microphone, please ensure that it is muted until such time as you need to ask a question.
  • The remote meeting connection will be open approximately 30 minutes before the start of the course. We encourage you to connect as early as possible in case you experience any unforeseen problems.

Register

Please Note: This event is being conducted entirely online. All attendees will connect and attend from their computer, one connection per purchase. For details please see our FAQ

If you are unable to attend at the scheduled date and time, we make recordings available to all registrants for three business days after the event

REGISTER NOW FOR THIS EVENT:

Endangered Species Act, Wetlands, and Stormwater Regulatory Compliance for Energy & Utilities

September 12-13, 2022 | Online
Individual attendee(s) - $ 1295.00 each

Volume pricing also available

Individual attendee tickets can be mixed with ticket packs for complete flexibility

Pack of 5 attendees - $ 5,180.00 (20% discount)
Pack of 10 attendees - $ 9,065.00 (30% discount)
Pack of 20 attendees - $ 15,540.00 (40% discount)

RELATED WORKSHOPS:

Migratory Bird Treaty & Eagle Protection Acts

September 13
Individual attendee(s) - $ 495.00 each

Volume pricing also available

Individual attendee tickets can be mixed with ticket packs for complete flexibility

Pack of 20 attendees - $ 1980.00
Pack of 20 attendees - $ 3465.00
Pack of 20 attendees - $ 5940.00

Your registration may be transferred to a member of your organization up to 24 hours in advance of the event. Cancellations must be received on or before August 12, 2022 in order to be refunded and will be subject to a US $195.00 processing fee per registrant. No refunds will be made after this date. Cancellations received after this date will create a credit of the tuition (less processing fee) good toward any other EUCI event. This credit will be good for six months from the cancellation date. In the event of non-attendance, all registration fees will be forfeited. In case of conference cancellation, EUCIs liability is limited to refund of the event registration fee only. For more information regarding administrative policies, such as complaints and refunds, please contact our offices at 303-770-8800

CEUs

Credits

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EUCI has been accredited as an Authorized Provider by the International Association for Continuing Education and Training (IACET).  In obtaining this accreditation, EUCI has demonstrated that it  complies with the ANSI/IACET Standard which is recognized internationally as a standard of good practice. As a result of their Authorized Provider status, EUCI is authorized to offer IACET CEUs for its programs that qualify under the ANSI/IACET Standard.

EUCI is authorized by IACET to offer 1.0 CEUs for this course and 0.4 CEUs for the workshop.

Requirements for Successful Completion of Program 

Participants must log in each day and be in attendance for the entirety of the course to be eligible for continuing education credit.

Instructional Methods

PowerPoint presentations will be used in this program. 


Upon successful completion of this event, program participants interested in receiving CPE credits will receive a certificate of completion.

Course CPE Credits: 11.5
Workshop CPE Credits: 4.0
There is no prerequisite for this Course.
Program field of study: Specialized Knowledge
Program Level: Basic
Delivery Method: Group-Live presented online due to COVID-19
Advanced Preperation: None

CpeEUCI is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its web site: www.nasbaregistry.org

 

 

Who Should Attend 

  • Environmental, health, and safety employees from electrical, water, and natural gas utilities, as well as EHS professionals from oil and gas companies
  • Electrical utility project managers with projects revolving around environmental regulation
  • Anyone interested in learning more about the Clean Water Act, Endangered Species Act, stormwater management, and compliance strategies

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