Meeting/Event Information

Before 2015 wetlands, creeks, streams, bayous, and other water features were regulated by the federal government using guidance arising from a 2008 U.S. Supreme Court ruling called “Rapanos.”

In 2015 the U.S. Army and the Environmental Protection Agency (EPA) published revised rules, known as the “Clean Water Rule.”  They sought to extend the reach of federal jurisdiction over more water features and strengthen federal oversight. This triggered legal challenges in different court venues and resulted in a patchwork quilt of applicable regulations that varied by state and by court jurisdiction. 

In 2020 the agencies finalized a new set of revised rules, known as the “Navigable Waters Protection Rule.”  They sought to restrict the reach of federal jurisdiction and lessen federal oversight.  This action also triggered legal challenges in different court venues and more legal challenges are pending.

This discussion will provide an overview of this legal and regulatory history and help answer the question most EWRI members want to know: “Is this a wetland and do we need a permit to build this project?”

Panelists will include:

• Melissa Fontenot, President of Cypress Environmental Consulting LLC, Houston, TX
• Jim Coody, President of Wetlands Professional Services, Houston, TX

Speaker biographies are provided below.

Moderated by:
Michael F. Bloom, P.E., ENV SP
R. G. Miller Engineers, Inc.
Past Chair, Houston EWRI Chapter

Agenda:      12:00 p.m.        Introductory Remarks and Moderated Panel Discussion
                    1:00 p.m.          EWRI Annoucements and Adjourn

Professional Development Hours: One PDH is offered for this event.

Cost:
ASCE Members:         $15
Non-Members:           $25
Note: A GoToMeeting link for the webinar will be sent to all registered attendees the morning of the event.

Payment:
Please pay by credit card online after clicking the "Register Now" button.

Sponsors:  Sponsorships are available for $250 each. Sponsors will receive:

• One complementary registration
• Recognition on welcome screen and verbally during the event

Please email a high-resolution logo to [email protected] after you purchase your sponsorship.  You may purchase your sponsorship online by clicking on the "Register Now" button or click here to complete a paper form and mail a check.

Melissa Fontenot
President
Cypress Environmental Consulting LLC
Houston, TX

Melissa Fontenot is the President of Cypress Environmental Consulting LLC based in Houston, Texas. Ms. Fontenot has both a B.S. in Marine Sciences and an M.S. in Wildlife and Fisheries Sciences from Texas A&M University and is a certified Professional Wetland Scientist with the Society of Wetland Scientists and a certified Ecologist with the Ecological Society of America. Ms. Fontenot’s background includes 18 years of experience working in wetland ecosystems in Texas and across the southern United States. Ms. Fontenot specializes in wetland and water resources, environmental assessment, and regulatory permitting for municipal, transportation, land development, and energy industry projects. Ms. Fontenot regularly prepares jurisdictional wetland delineations, functional and conditional assessments, mitigation plans, and U.S. Army Corps of Engineers’ permit applications for impacts to waters of the U.S. regulated under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act. Ms. Fontenot previously served as a member of the Colorado-Lavaca Basin and Bays Expert Science Team as part of the Texas Senate Bill 3 environmental flow evaluations (Senate Bill 3, Section 11.02362). Currently, Ms. Fontenot is active with the Texas Master Naturalist program as a volunteer assisting ecological restoration projects in the Houston region and as a member in local professional organizations including the Houston Chapter of Women’s Transportation Seminar (WTS) as a proponent of advancing women in the transportation industry.

Jim Coody
President
Wetlands Professional Services
Houston, TX

Jim Coody is the President of Wetlands Professional Services in Houston. He holds a Bachelor of Science in Chemical Engineering from the University of Florida and is a registered Professional Engineer in the state of Texas. Mr. Coody has over 30 years of experience practicing in wetlands regulatory compliance and related environmental disciplines. Clients include private owners of large and small tracts of land, real estate developers, brokers, utility and drainage districts, school districts, industrial sites, and large residential subdivision projects. Areas of specialization include: analysis and documentation of wetlands, streams, ditches, and ponds; maintenance of raw land to restore good drainage; and jurisdictional determinations. Mr. Coody writes and publishes “The Waterlogues”, an industry newsletter that focuses on current events in wetlands regulatory compliance in the Greater Houston Area. He advocates for landowners and their property rights, while making use of equitable and balanced methodologies that comply with applicable law and regulations.