Environmental attorneys spend hours researching current EPA, USACE, and state-specific wetlands regulations, manually formatting complex technical reports, and verifying citations across multiple regulatory sources. The process of compiling site data, applying proper methodology standards, and ensuring compliance with Clean Water Act Section 404 requirements is time-consuming and prone to citation errors.
Preparing comprehensive wetlands delineation reports requires extensive technical knowledge of USACE methodology, current Clean Water Act jurisprudence, and complex three-parameter analysis of vegetation, soils, and hydrology. Environmental attorneys and consultants spend 12-20 hours synthesizing field data, regulatory standards, and jurisdictional analysis into reports that meet strict federal and state compliance requirements while remaining defensible under regulatory scrutiny.
CaseMark transforms field data and site documentation into complete, USACE-compliant wetlands delineation reports in minutes. The platform applies current regulatory standards including Sackett v. EPA precedent, structures technical findings according to Regional Supplement methodology, and generates professionally formatted reports with jurisdictional analysis, supporting documentation, and permit recommendations ready for regulatory submission.
This workflow is applicable across multiple practice areas and use cases
Wetlands delineation reports are critical due diligence documents for commercial real estate transactions, determining development feasibility and regulatory compliance requirements before property acquisition or development.
Commercial real estate attorneys routinely need wetlands reports to assess environmental constraints, negotiate purchase agreements, and advise clients on permitting requirements that directly impact property value and development timelines.
Energy infrastructure projects including pipelines, transmission lines, and renewable energy facilities require wetlands delineation reports for FERC, state utility commission approvals, and Clean Water Act Section 404 permitting.
Energy law attorneys regularly handle projects that cross wetlands and waterways, requiring comprehensive wetlands documentation for regulatory approvals, right-of-way acquisitions, and environmental impact assessments.
Residential property transactions involving undeveloped or partially developed land require wetlands delineation reports to identify building restrictions and permit requirements that affect property use and value.
Residential real estate attorneys need these reports for due diligence on land purchases, subdivision development, and disclosure requirements where wetlands may impact buildable area or require costly mitigation.
M&A transactions involving companies with real property holdings require wetlands delineation reports as part of environmental due diligence to assess regulatory liabilities and compliance obligations.
M&A attorneys must evaluate environmental compliance risks including Clean Water Act violations and wetland permit requirements that could affect deal valuation, representations and warranties, and post-closing liabilities.
Government contractors performing construction, infrastructure, or land development projects on federal or state property must prepare wetlands delineation reports to comply with NEPA, Clean Water Act, and contract environmental requirements.
Government contracts attorneys need these reports to ensure contractor compliance with environmental clauses, support bid proposals, and manage regulatory approval processes for projects involving federal lands or funding.
CaseMark applies the three-parameter methodology from the Corps of Engineers Wetlands Delineation Manual and appropriate Regional Supplements, ensuring vegetation, soil, and hydrology data are analyzed according to current technical standards. The platform incorporates recent regulatory changes including Sackett v. EPA (2023) precedent on jurisdictional determinations and generates reports structured to meet USACE review requirements for permit applications and approved jurisdictional determination requests.
Yes, CaseMark performs dual jurisdictional analysis addressing Clean Water Act Section 404 federal jurisdiction under current Supreme Court precedent and applicable state wetland protection statutes. The platform evaluates continuous surface connection requirements under Sackett, identifies wetlands that may be state-regulated but not federally jurisdictional, and provides clear regulatory status determinations to guide permit strategy and compliance planning.
You need USACE wetland determination data forms documenting vegetation, soil profiles, and hydrology observations from your site investigation, along with site location information, field photographs, and any available maps or surveys. The platform can also incorporate optional materials like soil survey data, previous environmental reports, weather records, and laboratory results to create more comprehensive reports with enhanced supporting documentation.
CaseMark processes your field data to perform dominance tests and prevalence index calculations for vegetation, identifies hydric soil indicators using Regional Supplement codes, and evaluates primary and secondary hydrology indicators against the 14-consecutive-day criterion. The platform presents this technical analysis in the structured format expected by USACE reviewers, with detailed data point documentation, supporting calculations, and clear determinations of whether each three-parameter criterion is met at sampling locations across the wetland boundary.