USEPA Definition of Waters of the United States (WOTUS)
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Understand the current legal and regulatory requirements under the Clean Water Act.The scope of the EPA and the Corps of Engineer's reach under the Clean Water Act has been in constant flux over the last decade, with a myriad of court cases, rule makings, and guidance. How do you tell if a waterbody, stream or ditch is regulated? What regulation will ultimately survive attack in the court? Several leading environmental attorneys with extensive experience with Clean Water Act cases around the country will together provide their guidance on the state of play of WOTUS. This topic is intended to get you caught up on the most recent rule promulgations by EPA and the Corps in December 2019 and January 2020, and help you predict how these new regulations may impact your existing wetlands, NPDES, storm water, SPCC plans and permits under the Clean Water Act may be impacted.
AuthorsJohn L. Fortuna, Esq., King & Spalding Adam G. Sowatzka, Esq., King & Spalding
Background of the Definition of WOTUS Under the CWA
• Brief History of the Federal Clean Water Act
• Rapanos Guidance
• The Clean Water (Obama) Rule
• Litigation Over the Obama Rule
Current State of Affairs
• The Repeal Rule (December 23, 2019)
• The Navigable Waters Protection Rule (NWPR), January 23, 2020
What Is Next?
• Impact of the NWPR Rule in Wetlands Cases
• Impact of the NWPR in Other Clean Water Act Issues - Storm Water, NPDES, SPCC
• The Next Administration