Sackett v. EPA: Impact on Clean Water Act Jurisdiction Over Wetlands
Permitting Strategies, Future Rulemaking, State Legislation
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will provide an overview of the Supreme Court's recent landmark decision in Sackett v. Environmental Protection Agency and discuss how the decision limits the Clean Water Act's (CWA) jurisdiction over wetlands. The panelists will also address the EPA’s newly revised WOTUS rule reflecting the Sackett holding and discuss noteworthy state legislation.
- Overview of Sackett v. EPA
- Two-pronged rule
- Limits on CWA jurisdiction
- Business implications
- Environmental concerns
- EPA's revised WOTUS rule
- The role of the states
- Best practices and challenges for guiding clients
The panel will review these and other key issues:
- What are the key takeaways of Sackett?
- How can environmental counsel guide clients in navigating the practical and legal considerations resulting from Sackett?
- What will be the effects of the EPA’s newly revised WOTUS rule?
- What effect may Sackett have on state legislation?
- What are the best practices and challenges for counsel when advising clients on their current and future transactions post-Sackett?
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
Endre M. Szalay
Mr. Szalay is a partner in the Environment, Land, and Natural Resources group in the Seattle office. He assists a broad... | Read More
Mr. Szalay is a partner in the Environment, Land, and Natural Resources group in the Seattle office. He assists a broad range of clients, including public entities, utilities, small businesses, and large corporations, in developing compliance strategies to solve complex problems. Mr. Szalay's practice focuses on compliance counseling under the full suite of environmental statutes, with an emphasis on the Clean Water Act (CWA); National Environmental Policy Act (NEPA) and state equivalents; Endangered Species Act (ESA); and the Comprehensive, Environmental Response, Compensation and Liability Act (CERCLA) and state equivalents.Close