Program Details
2026-12-10 12:00:00
Over 1,000+ webinars
Course Overview
2026-12-10 12:00:00
2h CLE Credits
Intermediate
2
12:00 pm - 1:00 pm ESTThis is a one-hour advanced session on Section 404 geographic jurisdiction for agency counsel and applicant counsel. It covers the evolution of CWA WOTUS regulation, the status of regulation following the Supreme Court’s Sackett decision, and the difference in WOTUS coverage in light of Court injunctions and the application of the March 2025 continuous surface connection memo to the culverts, berms and ditches. It will also cover whether to seek an approved JD, accept a preliminary JD, or skip federal reviewing light of pending WOTUS rule and state programs. The profile fits an attorney who has handled JD files on both sides of the regime line in the last few years and will set the stage for Session II’s discussion of technical evidence on identifying continuous connection.
Larry Liebesman 1:10 pm - 2:10 pm ESTThis is a one-hour, unified session on Section 404 jurisdictional evidence, building an Approved Jurisdictional Delineation (AJD) package for submission to the US Army Corps of Engineers (USACE) illustrating counsel what to commission, check, and challenge on wetlands, culverts, berms, roads, ditches, and flow duration issues in ephemeral, intermittent, and perennial streams. The session will cover the current rule, policy, and guidance including the March 2025 direct-abutment memo and the pending rule on wet-season and perennial streams. The session will cover a typical complex wetland situation and include options for the counsel to review, critique, and summarize critical issues for an AKD submission. The session will also cover the USACE Aquatic Resource Delineation Report (ARDR) and linkage with the AJD.
The session calls for a wetland scientist who has defended connection and flow evidence before Corps districts since March 2025 and knows which evidence reviewers accept, reject, or send back.
Mark SudolLarry Liebesman has written Supreme Court amicus briefs in SWANCC, Rapanos, and Sackett, the cases that frame federal wetlands jurisdiction, and has practiced environmental law for more than 40 years with a focus on the Clean Water Act, the Endangered Species Act, and the National Environmental Policy Act. As a Senior Advisor at Dawson & Associates, he negotiates federal and state environmental approvals and has defended those permits in federal and state courts.
Dr. Mark Sudol is a Senior Advisor at Dawson & Associates, bringing more than 25 years of senior-level federal environmental permitting experience, including five years as Chief of the U.S. Army Corps of Engineers (USACE) Regulatory Program. He advises clients on environmental permitting strategies, regulatory requirements, and approaches to navigating federal agency processes. His expertise includes Clean Water Act Section 404 permitting, jurisdictional determinations, wetlands mitigation, and federal environmental regulations.
Larry Liebesman has written Supreme Court amicus briefs in SWANCC, Rapanos, and Sackett, the cases that frame federal wetlands jurisdiction, and has practiced environmental law for more than 40 years with a focus on the Clean Water Act, the Endangered Species Act, and the National Environmental Policy Act. As a Senior Advisor at Dawson & Associates, he negotiates federal and state environmental approvals and has defended those permits in federal and state courts.
Dr. Mark Sudol is a Senior Advisor at Dawson & Associates, bringing more than 25 years of senior-level federal environmental permitting experience, including five years as Chief of the U.S. Army Corps of Engineers (USACE) Regulatory Program. He advises clients on environmental permitting strategies, regulatory requirements, and approaches to navigating federal agency processes. His expertise includes Clean Water Act Section 404 permitting, jurisdictional determinations, wetlands mitigation, and federal environmental regulations.
Requirements
The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.
Formats
