Law Seminars International Presents:

A comprehensive update on new developments for

Wetlands in Washington

Waters of the US and other decisions; regulatory and legislative developments, recent decisions impacting wetlands, strategies and practial tips for attorneys, agency officials, corporate managers, developers, and property owners

May 21, 2018

Seattle, WA
(or anyplace you may be via webcast!)

Download PDF Brochure
Seminar Image

Program Overview

Who Should Order

Attorneys, environmental, real estate and land use professionals, property owners and governmental officials

Why You Should Order

Local, state, and federal regulation of wetlands remains dynamic as regulators continue to respond to the change in federal administration and resulting impacts to rulemaking, among other factors. This seminar focuses on new issues impacting wetlands and their effect on local government, business interests, property owners, developers, and the environment.

Our distinguished faculty will discuss the status of the Water of the United States rule from various perspectives; provide a case law update of recent decisions impacting local, state, and federal wetlands regulation; share information regarding state agency policy, enforcement, and new wetland rating system methods; examine the evolving use of SEPA in water projects; review new guidance on Section 408 permitting; share tips on providing complete Corps of Engineers permitting applications; and learn about current developments and options in mitigation banking. We hope to see you there.

~ Heather Burgess, Esq. of Phillips Burgess, PLLC and Brent Carson, Esq. of Van Ness Feldman LLP, Program Co-Chairs

What You Will Learn

  • ~ Waters of the US after agency rescission
  • ~ Prospects for revising Clean Water Act and NEPA processes
  • ~ Legislative developments for wetlands
  • ~ Federal and state case law update
  • ~ Revisions to Ecology's Habitat Rating Scores
  • ~ SEPA and 401 permitting
  • ~ 408 permitting and Corps proposed guidance
  • ~ Mitigation banks and Fees in-Lieu of mitigation
  • ~ How to expedite Corps approvals

What Attendees Said

  • "Interesting to have such a wide range of wetlands topics."
  • "Overall good."
  • "Really great. LSI is doing a great job with this type of education. I'm not sure where I could get this information if it were not for you."

Monday, May 21, 2018

8:00 am

Registration Opens

8:30 am

Introduction & Overview

Brent Carson, Esq. , Program Co-Chair
Van Ness Feldman LLP / Seattle, WA

Heather Burgess, Esq. , Program Co-Chair
Phillips Burgess, PLLC / Olympia, WA

8:45 am

Waters of the United States: The Ongoing Saga

Developer perspective: The new status quo after agency rescission of the Obama administration rule; what is happening in the courts; the proposal and two-year process for adopting a new rule

Ankur K. Tohan, Esq.
K&L Gates / Seattle, WA

State government perspective

Kelly Wood, Esq. , Counsel for Environmental Protection Unit
Washington State Attorney General's Office / Seattle, WA

Environmental NGO perspective

Chris Wilke , Executive Director
Puget Soundkeeper Alliance / Seattle, WA

10:00 am


10:30 am

Federal and State Legal Updates: Legislative and Case Law

Prospects for Congressional action, perhaps in the context of the infrastructure bill, to revise the substantive provisions of the Clean Water Act and NEPA project review processes

Brent Carson, Esq. , Program Co-Chair
Van Ness Feldman LLP / Seattle, WA

Washington state: What to expect for the 2019 long session in terms of proposals relating to development of wetlands and involving water including changes to substantive SEPA

Mary Catherine McAleer , Government Affairs Director, Environmental Policy
Association of Washington Business / Olympia, WA

Decisional trends in the courts

Heather Burgess, Esq. , Program Co-Chair
Phillips Burgess, PLLC / Olympia, WA

11:30 am

The Department of Ecology's Wetland Policy and Enforcement Priorities

Richard Mraz , Shorelands Technical and Regulatory Lead
Washington State Department of Ecology / Olympia, WA

12:00 pm

Lunch (on your own)

1:15 pm

Site-Specific Habitat Rating Scores

Ecology's 2014 update to the Washington rating system: Application to policy and use in the field

Amy E. Yahnke, Ph.D. , Senior Wetlands Ecologist
Washington State Department of Ecology / Olympia, WA

Tips from real-world experience in preparing ratings and in providing 3rd party review of other consultant's work on behalf of the Cities of Kent and Auburn

Emmett Pritchard
Raedeke Associates Inc / Seattle, WA

2:15 pm

SEPA and Section 401 Permitting

Use, or perhaps misuse, of SEPA in water projects: Perspectives on recent cases where permits have been denied under Section 401; implications for future projects

Jason T. Morgan, Esq.
Stoel Rives LLP / Seattle, WA

William E. Shiels , Principal
Talasaea Consultants, Inc. / Woodinville, WA

3:15 pm


3:30 pm

Section 408 Permitting

The Corps of Engineers' proposed new guidance on the permission process required by Section 408

Jenna R. Mandell-Rice, Esq.
Van Ness Feldman LLP / Seattle, WA

4:00 pm

Habitat: Mitigation Banks and Fees In-Lieu of Mitigation

Current developments and options

Victor Woodward , Founder
Habitat Bank / Cle Elum, WA

4:30 pm

How to Expedite Corps of Engineers Approvals

The advantage of having a more complete application: What the agency is looking for and common deficiencies to avoid

Michelle Walker , Chief, Regulatory Branch
U.S. Army Corps of Engineers / Seattle, WA

5:00 pm

Evaluations & Adjourn

Faculty Bios

Heather Burgess, Heather Burgess, Program Co-Chair, Phillips Burgess PLLC, represents property owners and developers in all phases of real estate development, from pre-acquisition due diligence through permitting and appeals.

Brent Carson, Brent Carson, Program Co-Chair, partner, Van Ness Feldman LLP, provides strategic advice and critical support to clients with large complex land-based and in-water development projects. He is named in Best Lawyers of America, Super Lawyers and Chambers USA in environmental, land use and zoning law.

Jenna R. Mandell-Rice Jenna R. Mandell-Rice practices in natural resources, environmental and water law at Van Ness Feldman LLP. She helps clients navigate complex regulatory, permitting, enforcement and litigation matters under environmental statutes.

Mary Catherine McAleer Mary Catherine McAleer is Government Affairs Director, for Environmental Policy, Climate and Water Quality at the Association of Washington Business. She previously served as a policy analyst in the State House of Representatives.

Jason T. Morgan Jason T. Morgan is a partner in the Environmental practice and Appellate Law groups at Stoel Rives LLP. He focuses on environmental, natural resources, fisheries and wildlife law in all stages of litigation.

Richard Mraz Richard Mraz is the Shorelands Technical and Regulatory Lead for the Washington State Department of Ecology. He He has worked as a field biologist and environmental planner with local, state and federal agencies since 1987.

Emmett Pritchard, Emmett Pritchard, Wetland Ecologist, Raedeke Associates Inc., has delineated and received agency concurrence for more than 200 wetlands. His expertise has resulted in the successful permitting of wetlands throughout the region.

William E. Shiels, William E. Shiels, Principal, founder of Talasaea Consultants, Inc., provides natural resources consulting and environmental planning services to public agencies and the private sector. The firm specializes in wetlands/stream delineation, regulatory analysis, permitting, mitigation, wildlife studies and site planning.

Ankur K. Tohan Ankur K. Tohan is a partner with K&L Gates where his practice focuses on energy infrastructure, natural resource development, compliance counseling and defense of governmental and citizen enforcement actions. Previously he was Assistant Regional Counsel, EPA Region 10.

Muffy Walker is Chief of the Seattle District Regulatory Branch for the U.S. Army Corps of Engineers. She oversees both the ESA coordinators as well as the WSDOT liaisons.

Chris Wilke Chris Wilke is Executive Director of Puget Soundkeeper Alliance, which is dedicated to protecting and preserving the waters of Puget Sound.

Kelly Wood Kelly Wood is Counsel for Environmental Protection Unit at the Washington State Attorney General's Office where he is working on high-profile environmental matters including the Hanford clean up.

Victor Woodward Victor Woodward is the founder of Habitat Bank (HB). From permitting the first privately sponsored wetland bank approved through Washington State's pilot banking program (Snohomish Basin Mitigation Bank), to the first jointly permitted wetland and ESA conservation bank project (Coweeman River Mitigation Bank), HB has been a leader in establishing natural resource mitigation solutions in Washington.

Amy E. Yahnke, Ph.D., Amy E. Yahnke, Ph.D., is Senior Wetlands Ecologist at the Washington State Department of Ecology where she serves as program expert on wetlands science topics. Previously she was a Research Scientist at the University of Washington.

Continuing Education Credits

Live credits: This program qualifies for 6.25 Washington MCLE, 6.25 AICP, and 6.25 Academy of Board Certified Environmental Professionals (ABCEP) credits. Upon request, we will apply for, or help you apply for, CLE credits in other states and other types of credits.

Replay Options

Video Replays allow you to time-shift your content. The streaming on demand and Vodcast options have navigation tools and search capabilities that allow you to quickly find the portions most important to you. The Vodcast option also allows you to plug a flashdrive into your laptop and make effective use of in-flight plane time.

Audio Podcasts are perfect for making more effective use of the time you spend commuting.

Video Streaming System Validation

To make sure that your internal network will not block assess to the live or on demand webcast, please click here to test compatibility.

To make sure your network will not throttle the stream, please click here to test to check for a proxy server.. All should report false.


Webcast Screenshot

Webcast Presentation Focus

Webcast Screenshot

Webcast Speaker Focus