Agenda

Registration:                    8:00 – 8:30 am

Morning Session:             8:30 am – 12:15 pm

Lunch (On your own):       12:15 – 1:15 pm

Afternoon Session:           1:15 – 4:00 pm

Understanding Federal and Maryland Wetland Laws         L. Liebesman, J. Kuspa

   Clean Water Act

      • Scope and reach of CWA jurisdiction

      • Regulated activities

      • Key court decisions

   Implementing/enforcing Federal agencies

      • U.S. Army Corps of Engineers

      • U.S. Environmental Protection Agency

   Other relevant federal laws

      • Endangered Species Act

      • National Historic Preservation Act

      • National Food Security Act of 1985

      • Coastal Zone Management Act

      • National Environmental Policy Act

   State Criteria

      • Nontidal wetlands

      • Waterways and floodplains

      • Tidal wetlands

      • Section 401 water quality certification

      • Stormwater management law and Chesapeake Bay TMDL

   Maryland Tidal and Nontidal Wetlands Protection Acts

      • Scope and reach of jurisdiction

      • Regulated activities

      • Maryland Department of the Environment interface with federal agencies

Wetlands Permitting Process         L. Liebesman

   CWA jurisdictional determinations and judicial review

   The joint federal/state permit process

   Determining applicability of regulations

   Notice provisions

   Public interest review process

   Mitigation/compensation requirements

   NEPA documentation

   Nationwide permits and Maryland State program general permit

   Appeals process

   EPA veto and Corps permitting

Getting a Wetland and Waterway Permit         A. Der

   What are waters of the U. S. and waters of Maryland?

   Types of wetlands?

   How are they permitted by the state and Corps of Engineers?

   Waters delineation

   Avoidance / minimization and project purpose

   Mitigation (wetlands, streams, forests, out-of-kind)

   What is a complete application?

   Construction compliance

Coordination with Other State Regulatory Criteria         A. Der

   Rare species

   Stormwater management and erosion and sediment control

   Water quality certification

   Higher quality waters

   Chesapeake Bay Critical Area

   Forest Conservation Act

Credits

Attorneys

     Non-Mandatory Maryland CLE

Professional Engineers

     6.0 CPC Hours (Category A)

Architects

     6.0 AIA HSW Learning Units

Landscape Architects

     6.0 LA CES HSW PDHs

Floodplain Managers

     6.0 ASFPM CECs

Continuing Education Credit Information

This seminar is open to the public and offers a non-mandatory CLE opportunity to Maryland attorneys.

HalfMoon Education is an approved CPC provider for Maryland professional engineers, and this course offers 6.0 Category A hours.

This course offers a 6.0 hour non-mandatory continuing education opportunity to Maryland architects and landscape architects. It has been approved by the American Institute of Architects for 6.0 HSW Learning Units (Sponsor No. J885) and the Landscape Architect Continuing education System for 6.0 HSW PDHs.

The Association of State Floodplain Managers has approved this event for 6.0 CECs.

Attendance will be monitored and reported, as required. Attendance certificates will be available after the seminar for most individuals who complete the entire event. Attendance certificates not available at the seminar will be mailed to participants within fifteen business days.

Speakers

Andrew T. Der, CEP

Certified Environmental Professional (CEP) in Baltimore Maryland

As a water resources practitioner and manager for 33 years, Mr. Der provides regulatory and scientific expertise for public and private sector clients, with a commitment to equitable and sustainable solutions to complex projects while specializing in creative linkages between ecology and engineering. He has been in private consulting practice since 2001, first as an associate and director of environmental services for two civil engineering firms in the greater Washington, DC, and Baltimore metropolitan areas, then since 2013, the principal of his own consulting firm, Andrew T. Der & Associates, LLC, and now since 2024, promoting the national firm HDR Inc. Mid-Atlantic practice. Prior to 2001, Mr. Der previously completed 17 years of service with the Maryland Department of the Environment as a manager leading major new initiatives to regulate and restore Chesapeake Bay water resources. He is also an appointed industry representative of the U.S. EPA Chesapeake Bay Program Executive Council Stakeholder’s Advisory Committee, as well as provides expert testimony and media interviews.”

Julie Kuspa

Smouse and Mason, LLC

Smouse and Mason, LLCMs. Kuspa is an associate at Smouse & Mason, LLC. She is a graduate of Cornell University and the University Of Maryland School of Law’s Environmental Law Program. Prior to working at Smouse & Mason, Ms. Kuspa represented neglected and abused children in children-in-need-of-assistance and termination of parental rights matters throughout Maryland and clerked for the Honorable Richard S. Bernhardt in the Circuit Court for Howard County.

Larry Liebesman

Smouse & Mason, LLC

Mr. Liebesman is a nationally-recognized environmental lawyer and litigator with more than 40 years of experience. His practices emphasizes wetlands, water pollution, and coastal issues, as well as environmental impact assessment and endangered species law. Mr. Liebesman represents a range of clients in the public, private and nonprofit sectors on a broad range environmental issues at the federal and state levels. He has negotiated Clean Water Act (CWA) and Endangered Species Act (ESA) permits and approvals for commercial, residential, public works and environmental restoration projects, and he has defended challenges to those permits and approvals in court. Mr. Liebesman has also participated in landmark CWA and ESA cases and has authored amicus briefs in seven major environmental cases before the United States Supreme Court. This included the Rapanos case regarding the geographic reach of CWA jurisdiction and submitted comments on the highly-controversial EPA and Corps regulation defining Waters of the United States in response to the Rapanos. He advises clients on stormwater permitting issues and sits on the Maryland State Water Quality Advisory Committee which provides advice to the Maryland Secretaries of Environment, Natural Resources and Agriculture on Chesapeake Bay water quality issues. Prior to entering private practice, Mr. Liebesman spent 11 years as a senior trial attorney at the Environment Division of the Department of Justice including a one year detail to the President’s Council on Environmental Quality during the Carter Administration helping to develop regulations to implement the National Environmental Policy Act (NEPA). While at DOJ, he handled landmark cases under Superfund, the Clean Water Act and NEPA. Mr. Liebesman was lead counsel in NRDC v. EPA which upheld major portions of EPA’s CWA permitting program. Prior to his DOJ service, he spent two years at EPA’s Office of Federal Activities, EPA’s NEPA oversight office. Mr. Liebesman received Special Achievement and Special Commendation awards for his outstanding service at DOJ. He is a Phi Beta Kappa Graduate of Rutgers University and earned his law degree from George Washington University Law School.