Waters of the United States: Current Regulations, Pending Litigation, and the Path Ahead
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will explore the scope of federal jurisdiction under the NWPR, the current status of litigation concerning the rule, and potential regulatory reactions under the Biden Administration. The panel will discuss how counsel should proactively engage with their clients to ensure they remain a step ahead of anticipated changes in the regulatory and enforcement landscape.
- Contrasting approaches
- Waters of the U.S.
- Navigable waters
- Regulatory scheme applicable to particular waters
- Proposed 2021 rulemaking by EPA and Army Corp of Engineers
- Current Litigation
- Looking ahead
The panel will review key issues such as:
- What types of water bodies are subject to protection under the NWPR?
- What is the current status, and potential outcomes, of litigation concerning the NWPR?
- What is the likely timeline and potential substance of future regulatory actions under the Biden Administration?
- What industries are most impacted by anticipated regulatory changes?
- What are the potential opportunities and challenges ahead?
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
Endre M. Szalay
Mr. Szalay is an associate in the environment, land and natural resources group in the Seattle office. He assists a... | Read More
Mr. Szalay is an associate 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