Sackett v. EPA One Year Later: Evolving WOTUS Landscape; EPA Enforcement and State Legislation; Litigation Update
A live 90-minute CLE video webinar with interactive Q&A
This CLE webinar will discuss the impact that the Supreme Court's landmark decision in Sackett v. Environmental Protection Agency has had over the past year on an evolving "waters of the United States" (WOTUS) landscape. The panel will discuss how the EPA has been implementing its revised WOTUS rule, the effect on state legislation to protect and/or withdraw protection from wetlands, notable litigation and how it may continue to redefine WOTUS, and further business and environmental impacts.
Outline
- Introduction
- Sackett v. EPA
- EPA's revised WOTUS rule
- EPA enforcement activity
- Impact on state legislation
- Business implications
- Environmental concerns
- Notable litigation and possible WOTUS effect
- Best practices and challenges for guiding clients
Benefits
The panel will review these and other key issues:
- What have been the effects of the EPA's newly revised WOTUS rule? EPA enforcement of the revised rule?
- What effect has Sackett and the EPA's revised rule had on state legislation?
- What is notable litigation challenging the EPA's revised WOTUS rule? What impact may the litigation have on further redefining the scope of WOTUS?
- What is notable litigation under the revised rule?
- What are the best practices and challenges for counsel when advising clients on permitting strategies and business transactions post-Sackett?
Faculty
James Rusk
Partner
Sheppard Mullin
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
Partner
Ice Miller
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
Partner
K&L Gates
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.
CloseEarly Discount (through 10/25/24)
Cannot Attend November 21?
Early Discount (through 10/25/24)
You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.