This conference is co-sponsored by ALI CLE and the Environmental Law Institute.
Why You Should Attend
Disputes relating to the Clean Water Act have had a strong presence before the nation’s highest court over the years, mostly hinging on the jurisdictional linchpin of how to define “Waters of the U.S.” (“WOTUS”). Since this term is not defined in the Act itself, the U.S. EPA and other federal agencies’ interpretation and application have been challenged by private parties who deemed these interpretations too inclusive and ultimately restrictive, such as when seeking to obtain a permit to develop property.
From assessing how to define “navigable waters” and “adjacent waters,” to developing the “significant nexus” test and now going back to the “continuous surface connections” test, what does it all mean? What are regulators or private parties to do when these definitions and tests are in constant flux? This webcast surveys the trends of WOTUS interpretations by the Supreme Court, where we are today, and what is on the horizon.
What You Will Learn
Join our panel of experts, from both the private sector and environmental advocacy perspectives, as they explore the earliest definitions of WOTUS through the 2023 Sackett v. EPA decision. You’ll also hear first-hand observations from a practitioner who observed the October 16 oral arguments in City and County of San Francisco v. EPA and the clues he took away from the questions raised by the justices.
This engaging discussion dives into:
- Sackett v. EPA: The case background, court ruling, and how it squares with the Court’s prior holdings in Rapanos and County of Maui
- City and County of San Francisco v. EPA: The case background, oral arguments, textual analysis, and predictions for how the Court may rule
- The loss of Chevron deference and the potential impact of Loper Bright Enterprises v. Raimondo
- Broader trends in environmental regulation, policy, and federalism and what might be next
This highly-rated session was originally presented on October 17, 2024, at the annual ALI CLE conference, Clean Water Act 2024: Law and Regulation. Register now for this timely rebroadcast! All questions will be answered in writing by the faculty within two business days of the program. In addition, all registrants will receive a set of downloadable course materials to accompany the program.
Who Should Attend
Environmental lawyers, regulatory compliance professionals, and environmental consultants seeking to stay current with Clean Water Act developments and their practical implications should watch this webcast.
Schedule, Faculty, CLE & More
Please visit the event page for the latest information.