Wetlands
We have represented numerous clients, including developers and banks, in securing wetlands permits, soil and erosion control permits, and river bank modification permits. One of our attorneys drafted Virginia's mitigation banking law, and we represent one large wetland bank facilities in Virginia. Continuing our involvement in the management of Virginia's wetlands, a Troutman Sanders attorney has been appointed to the Virginia Department of Environmental Quality (DEQ) Technical Advisory Committee, which is developing regulations to implement the state's wetland law passed in 2000. While in government service, several of our attorneys worked with the EPA in developing its policy on wetlands issues, nationally and in the Southeast.
Sample representations include:
- Representing two gaming companies in negotiating Consent Orders with EPA on an expedited basis for alleged wetlands impacts in building casinos adjacent to the Mississippi River;
- Representing a large construction company in obtaining an after-the-fact determination from the Corps of Engineers that grading activities which impacted surface water and adjacent wetlands were covered under Nationwide Permit 26;
- Completing all phases of permitting work for a $1.7 billion semiconductor fabrication facility. Within a three month period, we assisted this client in obtaining all needed wetlands permits from the Corps of Engineers and Virginia DEQ;
- Assisting a county government in obtaining the wetlands permits needed for road, water and sewer improvements;
- Evaluating deficiencies in Corps of Engineers' § 404 permitting for development of a large-scale shopping center;
- Preparing a deed for perpetual preservation of existing wetlands as compensation for nearby wetlands impacts;
- Representing environmental groups in litigation regarding wetlands permit for a golf course adjacent to Sleeping Bear Dunes National Park; and
- On behalf of a municipal client, litigating before the Fourth Circuit a Section 404(c) "veto" by EPA of a county's proposed reservoir project which went to the Fourth Circuit.