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

February 5-6, 2025 | Online :: Central Time

0225-endangered-species-act

“This program provided a helpful overview for anyone who works in the environmental permitting space. The speakers were very insightful and engaging.” – Heliogen

“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

“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

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“All three speakers were quite good and interacted well with the crowd. The course was well worth the time!” – Spire Missouri, Inc.

“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

“This is a great course to gain in-depth knowledge in the field from true experts in the industry.” –Dominion Energy

“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

“I found this course to be both a helpful refresher on a variety of subjects and very informative on new regulations/current litigation. I think this is a helpful course for folks that have been in the industry for a while as well as those that are new—great balance of information.” –Wetlands Studies and Solutions, Inc.

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 inform attendees of the following:

• When permitting may be necessary
• The process for navigating permitting
• Tools to make environmental permitting a more efficient component of their organization’s project management
• Case studies to highlight lessons learned and successful approaches

Join this highly rated insightful program with some of the most informed and interesting speakers in the industry. Attendees also have the option of joining a workshop on Migratory Bird & Bald Eagle Protection Acts, which immediately follows the course.

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 and discuss their basis and intent
• 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 understand 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

Wednesday, February 5, 2025 : Central Time

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

Clean Water Act

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

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

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 – Revised definition of WOTUS (effective 3/20/23)
  • Territorial seas and traditional navigable waters
  • Tributaries
  • Lakes and ponds
  • Adjacent wetlands
  • Ditches
  • “Typical year”
• Non-Jurisdictional Categories
  • Swales and erosional features
  • Ditches
  • Prior converted croplands
  • Artificially irrigated areas, artificial lakes and ponds
  • Water-filled depressions
  • Waste treatment systems
  • Artificial reflecting or swimming pools/other small ornamental bodies
  • 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
• Pre-Application meetings
• Regional General Permits (RGPs)
• Programmatic General Permits (PGPs)
• Special Area Management Plans (SAMPs)

Thursday, February 6, 2025 : Central Time

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

Migratory Bird Treaty & Eagle Protection Acts

“Brooke was very knowledgeable and was an excellent presenter.” – Primoris Renewable Energy

“Great speaker! Very knowledgeable of the subject matter with lots of examples.” – Southern Power

Thursday, February 6, 2025 : 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

Agenda

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

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. 

Workshop 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.

Kerrie Collison, Director of Cultural Resources, Glenn Lukos Associates

Kerrie Collison is the Director of Cultural Resources at Glenn Lukos Associates and is a Registered Professional Archaeologist (RPA 28731436). She earned her M.A. from California State University, Northridge, in Anthropology with a focus on Public Archaeology and has over 14 years of archaeological and project management experience, mainly throughout California and the Great Basin. She prepares cultural resources reports for various types of development and preservation projects, conducts Native American outreach, assists Lead Agencies with formal Native American consultation, and directs and participates in archaeological surveys and subsurface studies. She also prepares cultural resource evaluations per National Register of Historic Places criteria for Section 106 cultural resources studies. Kerrie specializes in lithic analysis and identifying the various stages of production of stone tools and meets the Secretary of the Interior’s Professional Qualifications Standards for Archaeology.

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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.

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Thienan Pfeiffer, President & CEO, Glenn Lukos Associates 

Thienan Pfeiffer is the President and CEO of Glenn Lukos Associates, a specialty environmental consulting firm with expertise in a small niche of environmental issues, including wetland and other water-related permitting, wetland delineation, habitat restoration design, mitigation implementation, mitigation monitoring, biological surveys, and endangered species coordination.  

Thienan is also the Director of Regulatory Services with extensive experience in natural resources regulatory permitting and compliance for complex residential, commercial, industrial, and mixed-use communities, as well as public works projects. She assists clients through every stage of development, from due diligence to compensatory mitigation implementation and has successfully negotiated permits and agreements from US Fish and Wildlife Service, US Army Corps of Engineers, California Department of Fish and Wildlife, the Regional Water Quality Control Boards/State Water Resources Control Board, and the California Coastal Commission. Thienan has performed numerous wetland delineations and functional assessments including the California Rapid Assessment Methodology (CRAM) throughout the arid southwest, with a focus on coastal wetland delineations. Her experience also includes processing of a federal coastal mitigation bank in Southern California and writing habitat mitigation and monitoring plans, long-term management plans, and related endowment documents. In addition to her executive role at GLA, Thienan is an Adjunct Professor at California State University, Fullerton, in the Master of Science Environmental Studies Program, teaching courses on federal and state-regulated wetlands. 

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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.

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.

• Microsoft recommends downloading and installing the Teams app if possible. You may also use the Edge browser or Chrome.
• You will receive a separate email with a unique link to a personalized landing page which will include links to join all sessions of this event.
• 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.

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 attendees for 7 days after the event

REGISTER NOW FOR THIS EVENT:

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

February 5-6, 2025 | Online

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RELATED WORKSHOPS:

Migratory Bird Treaty & Eagle Protection Acts

February 6

Individual remote connection(s) - $ 495.00 each
Volume pricing also available Individual attendee tickets can be mixed with ticket packs for complete flexibility
Pack of 5 attendees - $ 1980.00
Pack of 10 attendees - $ 3456.00
Pack of 20 attendees - $ 5940.00
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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 January 03, 2025 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

Credits

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. 

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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 Internet Based
Advanced Preparation: None

EUCI 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