Bricker & Eckler and Hull & Associates will discuss the potential impacts and outcomes of recent activities in the area of surface water permitting. Specifically, we will be addressing the court ruling in Northern Plains Resource Council, et al. v. U.S. Army Corps et al., which recently vacated Nationwide Permit 12 (NWP12) for oil and gas pipeline projects, and Ohio's recent decision to issue a General Permit for impacts to ephemeral streams in response to the recent issuance of the Navigable Waters Protection Rule.

Christy Schirra, attorney at Bricker & Eckler, and Hugh Crowell, Principal Ecologist at Hull & Associates, will explore the implications of vacating NWP12 on grounds related to the Endangered Species Act, including the recent Montana District Court decision limiting which permits are applicable. This topic will cover the background of the case, long term legal implications and expected impacts if the Montana rule is applied nationwide.

Also, Elyse Akhbari, attorney at Bricker & Eckler, and Jordan Rofkar, Ecology and Wetlands Practice Leader at Hull & Associates, will lead us through the Navigable Waters Protection Rule and Ohio's response, namely the recent public notice of a General Permit for impacts to ephemeral streams. They will be discussing the details of the general permit and how it may affect permitting for various industries, including infrastructure projects, real estate and the energy industry.