Bryan Moore Quoted by Bloomberg Law Regarding EPA’s Latest Wetlands Look Under Rule

Bryan Moore, partner in the firm’s Austin office and member of the firm’s Environmental & Natural Resources Practice, interviewed with Bloomberg Law about the EPA’s new wetlands rule, which was issued on August 29. 

The new rule will allow developers to build on select land without a federal wetlands permit. 

In the article published on August 31, 2023, Bryan explained that builders can ask the Army Corps of Engineers to reconsider its decision on previous projects. He elaborated why this may be beneficial, as the terms of the jurisdictional determination issued by the Army Corps does not change, even if the definition of the Waters of the US (WOTUS) does change, which it has several times over the last eight years. 

This will lead to builders asking for the jurisdictional determination, even though fewer projects will be federally protected under the new rule. “Having that JD in hand, if it doesn’t unduly delay your project, has value in that it is somewhat of a buffer [against future WOTUS changes],” Bryan was quoted as saying.

Bryan helps industrial, commercial, and oil and gas industry clients navigate and resolve contested environmental permitting proceedings, compliance audits, enforcement actions, and litigation so they can construct, operate, and expand their facilities. His practice focuses on solid waste regulation, environmental litigation, and contaminated property assessment and remediation. Bryan counsels clients on environmental permitting and compliance issues, and represents clients in administrative hearings, enforcement proceedings, citizen suits, and state and federal lawsuits involving environmental statutory and common law claims. He also routinely assists clients in responding to spills and releases, assessing environmental conditions at industrial and commercial sites, and remediating and monitoring contaminated properties. 

Bryan has been recognized by Chambers USA and The Best Lawyers in America® in Environmental Law. Most recently, he received the distinction of Environmental "Lawyer of the Year" in Austin in the 2023 Edition of The Best Lawyers in America®.