top of page

Dawson attorney explains legal implications of WOTUS, Clean Water litigation

Updated: Jun 5, 2020

Senior Advisor Gary Liebesman speaks to E&E News about the WOTUS ruling

Senior Advisor Larry Liebesman speaks to E&E TV about the WOTUS ruling

The legal implications of federal water and permitting policies have been in the news recently. Last week, the Supreme Court heard arguments on whether the U.S. Army Corps of Engineers’ determination that a property containing “waters of the United States” constitutes “final agency action for which there is no other adequate remedy in a court.”

Also, jurisdictional and timeline questions continue to surround appeals on the Obama administration’s Waters of the U.S. (WOTUS) rule.

These two issues are at the heart of today’s OnPoint with Monica Trauzzi, which features Dawson & Associates colleague Larry Liebesman.  A former senior trial attorney in the Department of Justice’s environmental division, Larry joined our firm in 2015.  He discusses the likely next legal steps on the contentious WOTUS rule and analyzes last week’s Supreme Court hearing.

As usual, Trauzzi’s questioning was smart and showed her deep knowledge of these issues.

Finally, at the end of the interview, Larry mentioned that obtaining a Corps section 404 permit costs “hundreds of thousands” of dollars. To clarify, while permit costs in complex cases such as Hawkes can easily cost more than $100,000, as the Eighth Circuit noted, with more typical cases, such as those involving nationwide permits, the cost will be less.

Don Riley Senior Vice President

A former Deputy Commanding General of the U.S. Army Corps of Engineers, Don joined our firm in 2007.


bottom of page