From Our Blog

Timothy P. Brynteson

Are You Ready for the Corporate Transparency Act?

You may or may not have heard of the Corporate Transparency Act (CTA), a component of the Anti-Money Laundering Act of 2020, which takes effect January 1, 2024. This law is, at its heart, an anti-crime law intended to combat money laundering, terrorism financing, tax fraud, human trafficking, and other illicit

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Lia Szasz

Are Verbal Agreements Enforceable in Colorado?

To the surprise of many non-lawyers, most verbal agreements are enforceable under Colorado law, subject to a few categorical exceptions. Generally, the formation of a binding contract requires only that the contracting parties reach a “meeting of the minds” about the sufficiently definite terms of their agreement, and that the

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John A. Kolanz

“The Little Fish That Could” Comes Full Circle

A version of this article was published in BizWest, December 2022. Many have heard of the legend, but few know the story behind how a 3-inch fish became the star of a United States Supreme Court opinion and managed to stop – at least temporarily – a nearly completed federal

Read More »
John A. Kolanz

What is PFAS and Why Should I Care?

Published in the BizWest Thought Leaders Column in March 2022 PFAS is a shorthand reference for a large group of man-made substances (Per- and Polyfluoroalkyl Substances) often called “forever chemicals” because they do not break down readily in nature.  Buyers and sellers of real property should be aware of recent

Read More »
John A. Kolanz

Lia Szasz Named to 2022 Best Lawyers: Ones to Watch in America

FOR IMMEDIATE RELEASE Media Contact:Jennifer VannoyFirm Administratorjvannoy@nocoattorneys.com970-330-6700 Lia Szasz Named to 2022 Best Lawyers: Ones to Watch in America Greeley, CO, United States, September 15, 2021 – Otis & Bedingfield, LLC is pleased to announce that Lia Szasz has been included in the 2022 edition of Best Lawyers: Ones to

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John A. Kolanz

New EPA Memorandum Gives States Further Incentive to Consider Clean Water Act Section 404 Program Assumption

A memorandum recently issued by the United States Environmental Protection Agency (“EPA”) will give states additional reason to evaluate the merits of Clean Water Act Section 404 program assumption (something Colorado has not done since the early 1990s).  The memorandum addresses compliance with Endangered Species Act (“ESA”) requirements, and reverses

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John A. Kolanz

WOTUS Whiplash

A version of this article was published in BizWest in April 2020. In the latest skirmish of a 45-year old battle, the Trump Administration released its rule defining those waters that will receive federal protection under the Clean Water Act (also known as Waters of the United States or WOTUS). 

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John A. Kolanz

Clean Water Act Pitfalls for Moving Dirt

By: John Kolanz – Published in the BizWest Thought Leaders column in January 2020. Few would be surprised that the Clean Water Act requires a permit to discharge effluent from a domestic or industrial wastewater treatment plant.  Less obvious, however, is that the Act (or here, its Colorado equivalent) also

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John A. Kolanz

State Initiates Stakeholder Process to Clarify Asbestos Regulation

By: John Kolanz A version of this article was published in BizwWest in November 2019. Asbestos regulation involves one of the most far-reaching environmental regulatory programs.  Colorado’s program establishes requirements for owners of all types of buildings from commercial space, to apartment complexes, to (once again) single family residences.  Moreover,

Read More »
John A. Kolanz

A Closer Look at Environmental Deregulation

The Trump Administration’s focus on deregulation is nowhere more noticeable than in the environmental arena, with several headline-grabbing actions to reduce regulatory burdens in matters involving air quality, water quality, fossil fuel extraction, and environmental permitting, among others.  To the extent they withstand judicial scrutiny, these efforts will certainly reduce

Read More »
John A. Kolanz

Colorado Permitting Alert

The Clean Water Act’s reach holds considerable interest for those in development, oil and gas, and agriculture.  Many in those sectors have closely followed recent battles to identify the waters that the Act protects, known as “Waters of the United States” or “WOTUS.” Work in protected waters requires a permit. 

Read More »
John A. Kolanz

Managing Partner Tim Brynteson announced today that effective May 16, 2019, the attorneys formerly in the law firm Otis, Bedingfield & Peters, LLC will divide into two law firms. 

Managing Partner Tim Brynteson announced today that effective May 16, 2019, the attorneys formerly in the law firm Otis, Bedingfield & Peters, LLC will divide into two law firms. Otis & Bedingfield, LLC, with partners, Fred Otis, Jeff Bedingfield, Tim Brynteson and John Kolanz, along with associates Corey Moore, James

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John A. Kolanz

Environmental Policy Change has Major Implications for Colorado

The Trump Administration’s emphasis on state empowerment has garnered significant attention, particularly in the environmental arena. So it is somewhat surprising that a recent change in policy having major implications for state permitting authority under the Clean Water Act has gone relatively unnoticed. The process that precipitated this change actually

Read More »
John A. Kolanz

ARE YOU THE CONTROLLING TYPE?

If so, and you own property on which tenants engage in certain regulated activities, you should consider consulting a specialist for a little preventive care – legal, not medical. Controlling the activities of these tenants can draw enforcement against the property owner when the tenants’ operations raise environmental compliance issues,

Read More »
John A. Kolanz

Surprising Scope of Asbestos Regulation

Most know that asbestos is bad stuff. However, building owners are often surprised to learn that federal and state asbestos requirements can capture routine activities such as minor renovation and even cleaning. Asbestos was a popular building material for years. While mostly associated with older buildings, its use was never

Read More »
John A. Kolanz

Utah Rodent in Middle of Ideological Tug-Of-War

Against the backdrop of the Trump Administration’s determined deregulatory efforts, the Tenth Circuit Court of Appeals (which covers Colorado) recently affirmed substantial federal authority to regulate activity on private lands.  While the Court delivered its opinion in the context of the Endangered Species Act (“ESA” or “Act”), the case has

Read More »
John A. Kolanz

High Court’s Wetlands Opinion Could be Game Changer

Chalk one up for property rights.  The United States Supreme Court just changed the playing field for wetland permitting, notably tipping the balance toward landowners and developers seeking clarification of whether their planned activities require Army Corps authorization.  Moreover, in somewhat of a rarity in environmental cases, the Court did

Read More »
John A. Kolanz

Do I need an Army Corps Permit for My Project?

This question touches many activities, from large residential and commercial developments, to stream or ditch bank repairs, to family home construction.  Generally, one requires a permit from the Corps before working in wetlands and other protected waters. The first thing to determine is whether your project involves a “water” protected

Read More »
John A. Kolanz

New Federal Water Rule Taps Reservoir of Angst

It is largely about perspective.  Some say that the new federal rule defining the reach of the Clean Water Act (“CWA” or “Act”) will pave “the road to a regulatory and economic hell.”  Others see it as a rollback of current protections that fails to close loopholes that have made

Read More »

Are You Ready for the Corporate Transparency Act?

You may or may not have heard of the Corporate Transparency Act (CTA), a component of the Anti-Money Laundering Act of 2020, which takes effect January 1, 2024. This law is, at its heart, an anti-crime law intended to combat money laundering, terrorism financing, tax fraud, human trafficking, and other illicit activities. However, it will affect a broad range of individuals and companies who own or manage businesses and/or invest in real estate. The goal of the CTA is preventing bad actors (criminals) from utilizing complex corporate structures and shell companies to hide their identities and move money through the U.S. financial system. Although most of you reading this article are not bad actors hiding your identities

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Are Verbal Agreements Enforceable in Colorado?

To the surprise of many non-lawyers, most verbal agreements are enforceable under Colorado law, subject to a few categorical exceptions. Generally, the formation of a binding contract requires only that the contracting parties reach a “meeting of the minds” about the sufficiently definite terms of their agreement, and that the agreement is supported by adequate consideration. A contract may be evidenced by either the written or spoken words of the parties. There are several categories of contracts, however, which courts may only enforce if a writing evidencing that agreement exists. The most common categories are: (1) contracts for the transfer of land; (2) contracts that cannot be performed in less than a year; (3) contracts

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Colorado Businesses Should Understand Implications of New U.S. Supreme Court Opinion

The United States Supreme Court continues to shake up the regulatory environment, this time with a ruling under the 50-year-old Clean Water Act (CWA or Act) that has important ramifications for businesses, governmental bodies, and other entities in Colorado and throughout the country.  Those in agriculture, mining (including oil and gas), real estate development, and water resource management should pay close attention, particularly to how Colorado responds. As background, CWA protections extend to “waters of the United States” – also known as “WOTUS.”  Generally speaking, work in WOTUS requires a federal permit, which can be expensive and time consuming to obtain.  Defining what “waters” constitute WOTUS has remained one of the longest running disputes in

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“The Little Fish That Could” Comes Full Circle

A version of this article was published in BizWest, December 2022. Many have heard of the legend, but few know the story behind how a 3-inch fish became the star of a United States Supreme Court opinion and managed to stop – at least temporarily – a nearly completed federal water project.  In the process, it got the attention of water resource managers everywhere, and helped build the Endangered Species Act’s (“ESA”) reputation as the most powerful environmental law on the books.  The tiny fish recently completed a long journey. The story unfolded in a broad fertile valley in the shadow of the Great Smokey Mountains, where the Tennessee Valley Authority (“TVA”) was dutifully fulfilling

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Recent Supreme Court Ruling Raises Major Questions for Regulators and Businesses

A version of this article was published in BizWest in September 2022 For better or worse, depending on your perspective, the United States Supreme Court (“Supreme Court”) has certainly shaken things up lately.  While much attention has focused on the overturning of Roe v. Wade, the recent opinion in West Virginia v. EPA is more directly relevant for businesses.  This case struck down the Obama Administration’s Clean Power Plan (“CPP”), which sought to regulate greenhouse gas emissions from existing power plants under authority of the Clean Air Act (“CAA”). While delivered in the context of a power plant regulation issued by the United States Environmental Protection Agency (“EPA”), the court’s ruling has implications for all

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What Is ESG and How Will It Fit into the Biden Administration’s Environmental Agenda?

A version of this article was published in BizWest in January 2021 ESG stands for “Environmental, Social, and Corporate Governance,” which represent three criteria for measuring corporate sustainability and social impact.  Though it first emerged over a decade ago, it has gained recent prominence and will likely play a key role under the new administration.  Businesses large and small should understand its implications. Perhaps most important, this movement does not appear to be a trend.  It differs from past efforts to make companies conduct themselves responsibly in environmental, social, and corporate governance causes in that it is founded on the premise that these issues are financially relevant. Much of the momentum for the ESG movement

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Why Colorado Should Evaluate Clean Water Act Section 404 Program Assumption

By: John Kolanz – February 2022 Published in the Colorado Environmental Law Journal INTRODUCTION“The world hates change, yet it is the only thing that has brought progress.”– Charles Kettering* For over four decades, Colorado, like virtually every other state, has been content to allow the federal government to regulate the discharge of dredged and fill material into the waters within its borders. During this time, the United States Army Corps of Engineers (“Corps”) has dutifully navigated the Clean Water Act (“CWA” or “Act”) Section 404 program through the ever-intensifying challenges of Colorado’s complicated water rights system, its explosive population growth, and its competing interests in a limited resource, all against a background of seemingly constant

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What is PFAS and Why Should I Care?

Published in the BizWest Thought Leaders Column in March 2022 PFAS is a shorthand reference for a large group of man-made substances (Per- and Polyfluoroalkyl Substances) often called “forever chemicals” because they do not break down readily in nature.  Buyers and sellers of real property should be aware of recent developments that could impose unexpected costs for transactions involving properties having these chemicals in their soil or groundwater (even if they originated off-site). Many PFAS chemicals exhibit oil, water, temperature, and fire resistance, as well as electrical insulating properties.  Due to these properties, they have been widely used since their creation in the 1940s.  Though frequently associated with firefighting foam, they have also been commonly

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Lia Szasz Named to 2022 Best Lawyers: Ones to Watch in America

FOR IMMEDIATE RELEASE Media Contact:Jennifer VannoyFirm Administratorjvannoy@nocoattorneys.com970-330-6700 Lia Szasz Named to 2022 Best Lawyers: Ones to Watch in America Greeley, CO, United States, September 15, 2021 – Otis & Bedingfield, LLC is pleased to announce that Lia Szasz has been included in the 2022 edition of Best Lawyers: Ones to Watch in America for Commercial Litigation and Litigation – Real Estate. Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. “Best Lawyers was founded in 1981 with the purpose of highlighting the extraordinary accomplishments of those in the legal profession,” said CEO Phillip Greer. “We are proud to continue our globally respected purely peer

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New EPA Memorandum Gives States Further Incentive to Consider Clean Water Act Section 404 Program Assumption

A memorandum recently issued by the United States Environmental Protection Agency (“EPA”) will give states additional reason to evaluate the merits of Clean Water Act Section 404 program assumption (something Colorado has not done since the early 1990s).  The memorandum addresses compliance with Endangered Species Act (“ESA”) requirements, and reverses a decade-old position held by EPA. Congress stated its intent in the first section of the Clean Water Act (“CWA”) that states would assume authority over the Act’s two permitting programs.  States have enthusiastically pursued assumption of the CWA Section 402 permitting program (which addresses wastewater and stormwater discharges), but have, for various reasons, been slow to embrace assumption of the Section 404 permitting program

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WOTUS Whiplash

A version of this article was published in BizWest in April 2020. In the latest skirmish of a 45-year old battle, the Trump Administration released its rule defining those waters that will receive federal protection under the Clean Water Act (also known as Waters of the United States or WOTUS).  The rule marks the final phase of a process designed to undo a similar effort by the Obama Administration in 2015.  Certain industry sectors (particularly agriculture, mining, and development) enthusiastically welcomed the news; environmental interests not so much. Waters (or more aptly, aquatic resources) take many forms, from the obvious – rivers and lakes, to the less obvious – wetlands, arroyos, and groundwater.  Drawing the

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Clean Water Act Pitfalls for Moving Dirt

By: John Kolanz – Published in the BizWest Thought Leaders column in January 2020. Few would be surprised that the Clean Water Act requires a permit to discharge effluent from a domestic or industrial wastewater treatment plant.  Less obvious, however, is that the Act (or here, its Colorado equivalent) also covers discharges from construction sites.  Specifically, one needs a permit to discharge stormwater from a construction site that disturbs one acre or more, or to discharge groundwater that infiltrates excavation pits at construction sites of any size. Colorado issues far more permits to discharge stormwater and groundwater from construction sites than it issues for municipal and industrial wastewater treatment plants.  The State accommodates these large

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State Initiates Stakeholder Process to Clarify Asbestos Regulation

By: John Kolanz A version of this article was published in BizwWest in November 2019. Asbestos regulation involves one of the most far-reaching environmental regulatory programs.  Colorado’s program establishes requirements for owners of all types of buildings from commercial space, to apartment complexes, to (once again) single family residences.  Moreover, disturbing an area as small as a sheet of drywall can trigger these obligations. Two basic asbestos characteristics account for this extensive regulatory reach: 1) It was used for years in a wide variety of building materials; and 2) Its connection to serious adverse health effects is well established.  These characteristics create a rather unique regulatory challenge since the program must protect against proven health

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A Closer Look at Environmental Deregulation

The Trump Administration’s focus on deregulation is nowhere more noticeable than in the environmental arena, with several headline-grabbing actions to reduce regulatory burdens in matters involving air quality, water quality, fossil fuel extraction, and environmental permitting, among others.  To the extent they withstand judicial scrutiny, these efforts will certainly reduce the federal environmental regulatory burden.  But there is a bit more to this story. Prior to the “modern” environmental movement in the 1960s and 1970s, environmental regulation, to the extent it existed, was largely the province of state and local health departments.  These entities were legally, technically, and politically ill-equipped to handle the increasingly challenging environmental issues they faced.  This was obvious to even the

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Colorado Permitting Alert

The Clean Water Act’s reach holds considerable interest for those in development, oil and gas, and agriculture.  Many in those sectors have closely followed recent battles to identify the waters that the Act protects, known as “Waters of the United States” or “WOTUS.” Work in protected waters requires a permit.  Obtaining such a permit (often called a “Wetlands Permit”), and then complying with its terms, can be an arduous mission replete with high costs and project delays.  However, failure to do so can have harsh consequences. The popular press gave ample coverage to the Obama Administration’s controversial 2015 rule that expanded the Act’s reach, and the Trump Administration’s recent counter-efforts to drastically reduce it.  Lost

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Managing Partner Tim Brynteson announced today that effective May 16, 2019, the attorneys formerly in the law firm Otis, Bedingfield & Peters, LLC will divide into two law firms. 

Managing Partner Tim Brynteson announced today that effective May 16, 2019, the attorneys formerly in the law firm Otis, Bedingfield & Peters, LLC will divide into two law firms. Otis & Bedingfield, LLC, with partners, Fred Otis, Jeff Bedingfield, Tim Brynteson and John Kolanz, along with associates Corey Moore, James Godbold, Don Hoff, and of counsel Mike Stewart will continue in their two current locations at 1812 56th Avenue in Greeley and at 2725 Rocky Mountain Avenue, Suite 320 in Loveland.  In addition to the six attorneys Otis & Bedingfield, LLC will be home to eight support staff. The firm will continue to provide estate and succession planning, real estate, environmental and general business legal

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Environmental Policy Change has Major Implications for Colorado

The Trump Administration’s emphasis on state empowerment has garnered significant attention, particularly in the environmental arena. So it is somewhat surprising that a recent change in policy having major implications for state permitting authority under the Clean Water Act has gone relatively unnoticed. The process that precipitated this change actually began under the Obama Administration. The CWA establishes two permitting programs: one that addresses effluent discharges, such as those from municipal or industrial wastewater-treatment plants (Section 402); and one that addresses the use of “fill” material to construct things such as dams or bridges, or to otherwise enable development in areas containing wetlands, streams, or other waters (Section 404). Section 404 permitting (often called “wetland

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ARE YOU THE CONTROLLING TYPE?

If so, and you own property on which tenants engage in certain regulated activities, you should consider consulting a specialist for a little preventive care – legal, not medical. Controlling the activities of these tenants can draw enforcement against the property owner when the tenants’ operations raise environmental compliance issues, as a recent federal case illustrates. The case involved a sportfishing group that sued an industrial park owner for Clean Water Act (“CWA”) violations caused by discharges of polluted storm water. The fact that any pollutants in the storm water were put there by the tenants did not protect the landlord. The court held that “owners and/or operators who have sufficient control over a facility

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Surprising Scope of Asbestos Regulation

Most know that asbestos is bad stuff. However, building owners are often surprised to learn that federal and state asbestos requirements can capture routine activities such as minor renovation and even cleaning. Asbestos was a popular building material for years. While mostly associated with older buildings, its use was never completely banned, so asbestos can be present even in newer construction. In fact, except under limited circumstances, one must assume asbestos is present, and take appropriate action, before conducting demolition or renovation work. Owners of commercial properties, even small ones, that contain asbestos are required to protect employees, tenants, and contractors from exposure through training, notice, and work practices. Willful ignorance of asbestos requirements is

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Clean Water Act Rule: Review of the Clean Water Act Jurisdictional Rule Considerations for Moving Forward by: John Kolanz

John recently had an extensive article published in The Water Report (see link below).  He also spoke at CSU on June 13th on the Waters of the United States rulemaking at the 2017 Universities Council on Water Resources/National Institutes for Water Resources Annual Conference.  Way to go John! Clean Water Act Rule: Review of the Clean Water Act Jurisdictional Rule Considerations for Moving Forward by: John Kolanz   Kolanz, John A. “Clean Water Act Rule: Review of the Clean Water Act Jurisdictional Rule Considerations for Moving Forward .” The Water Report 160 (2017): 1-31. Www.NEBC.com. Web. 15 June 2017.

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Utah Rodent in Middle of Ideological Tug-Of-War

Against the backdrop of the Trump Administration’s determined deregulatory efforts, the Tenth Circuit Court of Appeals (which covers Colorado) recently affirmed substantial federal authority to regulate activity on private lands.  While the Court delivered its opinion in the context of the Endangered Species Act (“ESA” or “Act”), the case has broader implications for environmental regulation in general. Congress passed the modern day ESA in 1973, with barely a dissenting vote.  The Act’s main goal is to conserve threatened and endangered species along with their supporting ecosystems.  The ESA quickly gained a reputation as one of the most powerful environmental laws ever enacted when it stopped a massive and nearly-completed federal water project in its tracks

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Should I Look for Environmental Issues Prior to Completing My Real Estate Transaction?

When purchasing (often even leasing) commercial or industrial property, the answer is usually yes. Environmental issues take various forms, such as soil and groundwater contamination, mold or asbestos on structures, or the presence of wetlands or endangered species. They can even emanate from neighboring properties. The context of the property and its intended use inform the nature of the environmental review. Often used is a Phase I Assessment, where a qualified consultant conducts a non-invasive evaluation of the property designed primarily to help protect against liability arising from contamination. It can also identify environmental issues that might render the property unsuitable for intended uses. For some properties however, a lesser screen may suffice. Environmental issues

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Considering options for your home if you are worried about long-term care

By: Timothy P. Brynteson Many of our older clients are worried about two things – 1. Having the resources to afford long-term care, or qualifying for government assistance if they don’t, typically Medicaid; and 2.  They want to leave their house to their heirs if it is one of their primary assets. These concerns are true even for reasonably healthy individuals. These concerns lead to questions of strategies for those who own their homes and wish to live there as long as possible, but are concerned that one, or both (if they are a couple) will need expensive, long-term care in either an assisted living facility or a nursing home.  Is there a way to

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High Court’s Wetlands Opinion Could be Game Changer

Chalk one up for property rights.  The United States Supreme Court just changed the playing field for wetland permitting, notably tipping the balance toward landowners and developers seeking clarification of whether their planned activities require Army Corps authorization.  Moreover, in somewhat of a rarity in environmental cases, the Court did so unanimously. The Clean Water Act (“CWA” or “Act”) requires a landowner to obtain a Corps permit before working in “waters of the United States,” a phrase that defines the reach of the Act.  Contrary to what one might expect, it is often not clear whether a property contains such waters.  Therefore, the Corps has long provided property owners Approved Jurisdictional Determinations (“Approved JDs”) that

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Do I need an Army Corps Permit for My Project?

This question touches many activities, from large residential and commercial developments, to stream or ditch bank repairs, to family home construction.  Generally, one requires a permit from the Corps before working in wetlands and other protected waters. The first thing to determine is whether your project involves a “water” protected by the Clean Water Act.  This can be tricky since many protected areas are not always wet, while certain wet areas are excluded from coverage.  Recent efforts by the Corps to clarify what constitutes protected “waters” has actually created additional confusion.  Moreover, the Act exempts certain activities in protected waters from permitting requirements. Guessing wrong on what is regulated (including pursuing a permit when one

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Texas Court’s Rejection of Endangered Species Act Listing Has Widespread Implications

Oil and gas and agricultural interests in Colorado and four nearby states celebrated a Texas federal judge’s ruling last week vacating Endangered Species Act (“ESA” or “Act”) protections for the lesser prairie-chicken (“LPC”).  Environmental interests were less enthused.  While the ruling may ease the regulatory burden for certain entities in the region, its real significance could reach much further. The judge found that the United States Fish and Wildlife Service (“FWS” or “Service”) misapplied the factors that it must consider to determine whether a species qualifies for ESA protection (i.e., “listing”).  The Act requires FWS to consider, among other things, the adequacy of existing regulatory protections.  If non-ESA mechanisms sufficiently protect a species, it should

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New Federal Water Rule Taps Reservoir of Angst

It is largely about perspective.  Some say that the new federal rule defining the reach of the Clean Water Act (“CWA” or “Act”) will pave “the road to a regulatory and economic hell.”  Others see it as a rollback of current protections that fails to close loopholes that have made the nation’s waters vulnerable to destruction by developers, corporate agriculture, and general industry.  Like most politically charged issues, however, the truth is somewhere in between. Once effective later this summer, the new rule will provide the framework by which the federal government decides what waters receive CWA protection.  This fundamental aspect of the Act remains confusing and contentious 40 years after its passage. CWA regulation

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