"Waters of the U.S.": Navigating the EPA Rule, Status of Challenges to the Rule, and Potential Effects of the Rule, Including on Pending Transactions
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide environmental counsel with a review of the EPA’s final rule that seeks to clarify—and, many assert, substantially expands its definition of “waters of the United States (WOTUS).” The panel will examine the huge number of entities, businesses and local governments that could be impacted—and how—and the legal challenges that have been made. The panel will outline and analyze practical next steps for counsel to take in responding to the rule, including moving forward with transactions pending a final ruling on the legal challenges.
- Review of the final rule and its impact
- Waters of the U.S.
- Significant nexus
- Expanded jurisdiction
- Impact of the final rule
- Legal challenges to the rule and what to do in the interim
- Practical steps for counsel moving forward with transactions involving waters under EPA controls
The panel will review these and other key issues:
- How does the final rule define tributaries, adjacent waters and other waters?
- What are the potential effects of the final rule?
- What are best practices for counsel dealing with WOTUS issues in current transactions?
- What are the costs and risks to industry and businesses going forward despite the uncertainty of legal challenges?
James M. Auslander
Beveridge & Diamond
Mr. Auslander’s practice focuses on environmental, natural resources, and administrative law and... | Read More
Mr. Auslander’s practice focuses on environmental, natural resources, and administrative law and litigation. He represents numerous major and small businesses, trade associations, and state agencies in a wide range of regulatory and litigation matters, both national and local in scope. Mr. Auslander serves clients in all phases of a case, including internal compliance, administrative proceedings and negotiations, and litigation when necessary.Close
Michael R. Campbell
Mr. Campbell practices in the firm’s Environmental, Land Use and Natural Resources Group. His practice emphasizes... | Read More
Mr. Campbell practices in the firm’s Environmental, Land Use and Natural Resources Group. His practice emphasizes water quality regulation and permitting, including NPDES and underground injection control wastewater and stormwater discharge permits, federal and state fill permits, Section 401 certifications, and the development of water quality standards and regulations. Mr. Campbell is a frequent author and lecturer on water quality regulation.Close
Daniel J. Deeb
Mr. Deeb represents corporate and municipal clients in civil litigation, including major federal and state enforcement... | Read More
Mr. Deeb represents corporate and municipal clients in civil litigation, including major federal and state enforcement actions, administrative proceedings, permit negotiations, state criminal enforcement actions, and remedial actions, among others. His experience includes representing clients in relation to NPDES permitting, CERCLA litigation, RCRA enforcement actions, after-the-fact wetlands permitting and mitigation, and combined sewer overflow long-term control plan development.Close
Jeff B. Kray
Mr. Kray’s practice focuses on water quality, water resources, and complex environmental litigation, including... | Read More
Mr. Kray’s practice focuses on water quality, water resources, and complex environmental litigation, including CWA permitting and regulatory compliance, and CERCLA site remediation. He has represented public and private clients throughout the west. Mr. Kray is a frequent speaker and writer on water law and policy and holds leadership positions in the Water Resources and Water Quality and Wetlands Committees of the ABA's Section on Environment, Energy and Resources.Close