Navigating Regulatory Challenges: A Case Study in Adaptive Solutions

In the dynamic landscape of environmental regulations, adaptability is key to overcoming challenges. The aftermath of the Sackett v EPA decision in May 2023 exemplified this truth, posing significant hurdles for our clients. The ripple effects were felt deeply, with projects stalling as Approved Jurisdictional Determination (AJD) requests languished while awaiting clarity from US Army Corps of Engineers (USACE) headquarters. Despite receiving guidance in September, progress remained stagnant.

At Hollaway, we understood the need to rethink our strategies when considering these challenges. Working closely with our clients, we adjusted our approach to meet funding deadlines, construction schedules, and project commitments. One important strategy we implemented was preparing Nationwide Permit (NWP) pre-construction notifications for proposed work. This decision required us to take on the responsibility of mitigating potential impacts on half an acre, which wouldn't otherwise be under jurisdiction.

This measure was taken because it was necessary to meet project timelines. At the same time, we kept the AJD request active and used our ongoing dialogue with the USACE to our advantage. We consistently advocated for our position, highlighting the negative impact of delays in JD issuance.

Less than a month following our engagement with the USACE, the long-awaited AJD was finally issued—a pivotal moment that rendered the NWP redundant. This successful resolution underscored the power of adaptability and proactive engagement in navigating regulatory complexities.

In retrospect, our experience shows how crucial it is to be flexible and innovative when dealing with regulatory hurdles. By adopting flexible solutions and building partnerships, we overcame obstacles and improved our ability to handle future uncertainties. At Hollaway, we're dedicated to promoting resilience and creativity to achieve our clients' goals, regardless of regulatory challenges.

Contact our office to learn more about environmental services!