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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Environmental

Date & Time
  • event Date

    Tuesday, November 27, 2018

  • schedule Time

    1:00 PM E.T.

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

$297.00

This course is $0 with these passes:

CLE
ALL

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.

Faculty

Sean G. Herman
Atty
Hanson Bridgett LLP

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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Andrew C. Silton
Miscellaneous
Freedom S.N. Smith
Partner
Ice Miller LLP

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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Description

Since its 2015 release, the EPA's rule redefining the WOTUS continues to face significant public opposition, controversy, and a multitude of legal challenges in federal courts. In 2018, the EPA and U.S. Army Corps of Engineers responded by adopting a rule delaying the WOTUS Rule's implementation for two years.

On Aug. 16, 2018, in South Carolina Coastal Conservation League v. Pruitt, the U.S. District Court of South Carolina enjoined the EPA and the U.S. Army Corps of Engineers' delay.

As a result, the WOTUS Rule is, for now, effective in 23 states, including California, Connecticut, Delaware, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Hampshire, New Jersey, New York, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, Tennessee, Vermont, Virginia, and Washington. Courts have stayed the effectiveness of the WOTUS Rule in 27 other states.

Counsel to affected industries must understand not only the potential impact of the final rule but also the impact on current transactions due to ongoing legal challenges to the rule.

Listen as the panel provides an overview of the final rule and discusses the impact of the most recent injunction. The panel will also examine the other pending legal challenges to the rule and offer guidance to counsel involved in transactions that could be impacted.

Outline

  1. Review of the final rule and its impact
    1. Waters of the U.S.
    2. Significant nexus
    3. Exemptions
    4. Expanded jurisdiction
    5. Impact of the final rule
  2. South Carolina Coastal Conservation League v. Pruitt
    1. Effect of ruling
    2. Impacted states
    3. Remaining states
  3. 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?