"Waters of the U.S." Rule After South Carolina Coastal Conservation League v. Pruitt
State-by-State Guidance on Federal Jurisdiction Under the Clean Water Act
Recording of a 90-minute CLE webinar with Q&A
This CLE course will discuss the Waters of the United States (WOTUS) Rule's patchwork implementation and its aim to expand federal jurisdiction under the Clean Water Act. The panel will provide a review of the latest case developments and offer guidance for practitioners on how to best navigate compliance in the states affected by the recent rulings.
Outline
- Review of the final rule and its impact
- Waters of the U.S.
- Significant nexus
- Exemptions
- Expanded jurisdiction
- Impact of the final rule
- South Carolina Coastal Conservation League v. Pruitt
- Effect of ruling
- Impacted states
- Remaining states
- Practical steps for counsel moving forward with transactions involving waters under EPA control
Benefits
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?
Faculty
Sean G. Herman
Atty
Hanson Bridgett
Mr. Herman is a counselor and litigator focused upon the practice of environmental law. He assists clients in achieving... | Read More
Mr. Herman is a counselor and litigator focused upon the practice of environmental law. He assists clients in achieving regulatory compliance in hazardous waste management, water rights, consumer products, and chemical manufacturing matters. On behalf of individuals, community groups, governments, businesses, and other stakeholders, Mr. Herman has prosecuted and defended numerous high-profile environmental, land use, and toxic tort matters, including multiple class actions, citizen suits, and Superfund sites. He has had success litigating matters that address water, soil, sediment, and air pollution and has extensive experience with statutes such as CERCLA, RCRA, HSAA, Clean Water Act, Clean Air Act, Safe Drinking Water Act, and Proposition 65.
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Drew C. Silton
Atty
Beveridge & Diamond
Mr. Silton's practice encompasses a range of environmental matters that include regulatory counseling, defense of... | Read More
Mr. Silton's practice encompasses a range of environmental matters that include regulatory counseling, defense of enforcement actions, and complex litigation.
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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.
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