Section 404 regulates the discharge of dredged or fill material to jurisdictional waters and is one of two permitting programs created by the Clean Water Act. Colorado is currently authorized to implement the CWA Section 402 Program (the NPDES Program), but not the Section 404 Program, which the Army Corps continues to administer in this State. Colorado last evaluated CWA Section 404 program assumption in the early 1990s and opted not to pursue it. However, the recent removal of a long-standing impediment to state assumption has significantly changed the equation and will prompt states across the country to reassess the benefits and costs of implementing Section 404. This presentation covers recent developments and their implications for Colorado.
Tuesday, June 9
2:00 – 3:00 p.m.
From our Office to your Desk
John Kolanz is a partner at Otis & Bedingfield, LLC in Loveland, Colorado. He has 30 years of experience in environmental and natural resources law. John’s practice has involved counseling clients on a broad range of regulatory compliance and permitting issues arising out of business operations, enforcement activities, real estate transactions, and large water infrastructure projects. His work often encompasses Clean Water Act Section 404 matters.
John has worked as government in-house counsel, and as a private practitioner in both large and small firm settings. He has taught environmental law, and speaks and writes frequently on environmental and natural resource law topics. John also writes a column on environmental legal issues for BizWest, a Northern Colorado based business publication.