Join Us for a Webinar on the Sackett Decision and Its Effect on WOTUS Permitting Nationwide
Join Us for a Webinar on the Sackett Decision and Its Effect on WOTUS Permitting Nationwide

In January 2023, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers (Agencies) adopted a final rule altering the definition of "waters of the United States" (WOTUS), a key term that is referred to but not defined in the Clean Water Act (CWA) and is crucial for determining CWA permitting jurisdiction. The Agencies' stated purpose in adopting the rule was to better comply with the CWA by repealing and replacing a definition of WOTUS that had previously been adopted during the Trump administration; however, promulgation of the rule prompted multiple lawsuits that once again split the nation into two separate CWA permitting frameworks.

In May 2023, the long-anticipated U.S. Supreme Court decision, Sackett v. EPA, added to the confusion by narrowing the types of features that could be considered WOTUS in a manner that had not been anticipated by the January rule or the Trump administration's rule preceding it. The Agencies subsequently promulgated, without providing for public review or comment, an updated WOTUS rule in September intended to conform with the ruling in Sackett. But significant confusion and risk of litigation over WOTUS remain.

Join us on March 26, 2024 for a webinar exploring the practical ramifications of the Sackett decision. We will provide a brief overview of the history of and controversy surrounding the definition of WOTUS and a panel discussion on how the Court’s narrowing of the WOTUS definition has and will continue affecting permitting under the CWA. Panelists will also include Harris Frampton and Bonnie Rogers from SWCA Environmental Consultants. Click here to register. We hope you can join us!

  • Mary Lynn K. Coffee

    Mary Lynn Coffee has extensive experience providing legal and regulatory advice and counsel with respect to complying with and permitting under CEQA, NEPA and state and federal water quality, wetlands, endangered species and ...

  • Rebecca Hays Barho

    Rebecca Hays Barho focuses her practice on natural resource law, with particular emphasis on the Endangered Species Act (ESA), the National Environmental Policy Act (NEPA), the Migratory Bird Treaty Act (MBTA), the Clean Water Act ...

  • Sara  Johnson

    Sara Johnson represents national- and state-based trade associations in the ecological restoration and mitigation industry. She advises clients on their policy priorities, strategic planning and association governance – ...

California Water Views provides timely and insightful updates on the water sector in the state. We relay information on how water legislation and policy from the nation’s capital, Sacramento, and around the U.S. affect California’s water utilities, agencies, practitioners, and consumers.  We also write about important events, conferences, legal cases, and other key happenings involving all things water in and around California.

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