Redefining the Waters of the U.S. (WOTUS) Rule: Future Impact of Water Protection, Regulation and Permitting
A live 90-minute CLE video webinar with interactive Q&A
This CLE webinar will brief environmental counsel on the recent U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (USACE) final rule updating and redefining the "waters of the United States" (WOTUS) under the federal Clean Water Act (CWA). The panel will also offer guidance for counsel on best practices for navigating future legal and regulatory challenges.
- Background of the final WOTUS rule
- Definitions, exclusions, and other key issues
- EPA's two standard approach
- Relatively Permanent standard
- Significant Nexus standard
- Potential impact of the U.S. Supreme Court case Sackett v. EPA
- Best practices and future challenges
The panel will cover these and other key issues:
- How can environmental counsel guide clients in navigating the practical and legal considerations of the updated WOTUS rule?
- What are some key takeaways with the pending U.S. Supreme Court case Sackett v. EPA?
- What are best practices and challenges for counsel when advising clients that potentially face WOTUS concerns in their transactions?
Tad J. Macfarlan
Mr. Macfarlan advises the firm’s energy, industrial, utility and commercial sector clients on compliance with... | Read More
Mr. Macfarlan advises the firm’s energy, industrial, utility and commercial sector clients on compliance with federal, state and local environmental and land use laws. He has extensive experience working with the regulatory regimes governing wastewater and stormwater discharges, wetland and stream protection, air emissions, solid and hazardous waste management, water withdrawals, chemical and toxic substance controls, release reporting and response, and preservation of endangered species, cultural resources and historic properties. Mr. Macfarlan's practice includes project development, transactional, litigation, enforcement defense and regulatory compliance matters.Close
Mr. Rusk specializes in project permitting, compliance and litigation involving endangered species, wetlands and water... | Read More
Mr. Rusk specializes in project permitting, compliance and litigation involving endangered species, wetlands and water quality, and related environmental review requirements. He guides landowners and developers through the complex permitting and compliance processes under federal and state natural resources laws, including the Endangered Species Act, the Clean Water Act, the California Fish and Wildlife Code and Porter-Cologne Act, the National Environmental Policy Act and the California Environmental Quality Act. He also represents clients in litigation defending federal and state permits against challenge by project opponents, and in suits challenging arbitrary agency action. Mr. Rusk has established strong working relationships with staff at the Army Corps of Engineers, U.S. Fish and Wildlife Service, California Department of Fish and Wildlife, Regional Water Quality Control Boards and U.S. Department of Justice. His areas of expertise also include California water rights, federal Indian law, and the USDA's National Organic Program.Close
Freedom S.N. Smith
Ms. Smith concentrates her practice in the areas of environmental and toxic tort litigation, environmental... | Read More
Ms. Smith concentrates her practice in the areas of environmental and toxic tort litigation, environmental insurance coverage, product liability and general business litigation. She has experience managing environmental liability in business transactions, hiring and working with environmental consultants to achieve client objectives, litigating cases for both public and private clients involving environmental clean-ups, and handling environmental insurance and coverage claims.Close