Environmental Regulation Law

Since the earliest days of wetlands regulation by the U.S. Army Corps of Engineers and Maine Department of Environmental Protection, Murray, Plumb & Murray has been at the forefront in representing clients facing wetlands issues.

The firm's unparalleled experience in this field provides several strategic advantages for our clients:

• exhaustive knowledge of the intricacies of the federal, state, and local regulations affecting wetlands;
• familiarity, and credibility, with the agency personnel responsible for wetlands regulation;
• knowledge of the unwritten policies of the regulatory agencies that can help or hinder an applicant or alleged violator;
• awareness of the "windows of opportunity" provided by the federal Nationwide and General Permits, as well as the DEP's Permit-By-Rule system; and
• effective strategies for resolving innocent wetlands violations.

Receiving a violation notice from the Army Corps, DEP, or a municipality can be one of the most frightening experiences a landowner can face. Applying to such agencies for permission to fill or alter wetlands can consume precious time and money. Without skilled guidance in dealing with wetlands regulatory agencies, a property owner or developer can easily miss opportunities to cut through red-tape.

At the outset, we can determine whether you have a wetlands "problem" at all. Many municipal agencies lack the expertise needed to identify and measure wetlands. Federal and state regulations governing wetlands overlap, conflict, and leave critical loopholes. Field personnel may be unaware that a property has previously been inspected and approved for development. Actions that would presently violate the law may have been legal when they occurred -- and therefore "grandfathered." If there is a way to stop a wetland dispute dead in its tracks, we know it.

If a wetlands controversy cannot be avoided, then Murray, Plumb & Murray works swiftly to get the matter resolved. We know exactly what information each agency needs to close its enforcement files or to grant the requested permit.

In addition, we can help you design your projects from the ground up to avoid or minimize your need for wetlands regulatory approvals. Combining Nationwide Permits, using Permits-By-Rule, and invoking categorical exemptions can ensure that your project will make optimal use of the site while avoiding conditions that are likely to invite regulatory scrutiny.

Working with respected wetlands engineers, we can help develop wetlands delineations, functional assessments, and mitigation strategies that will increase the odds of approval in the shortest possible time.

We are willing and able to navigate the wetlands bureaucracy from the local town hall all the way to the U.S. Environmental Protection Agency. And if all else fails, our trial team is prepared to seek compensation on your behalf from any governmental agency that attempts to deny you all economically viable use of your land.

When it comes to wetlands, Murray, Plumb & Murray does not take "no" for an answer. There is always a solution. Let us solve your wetland problem for you.

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