• videocam On-Demand Webinar
  • card_travel Environmental
  • schedule 90 minutes

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

About the Course

Introduction

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.

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.

Presented By

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.

Andrew C. Silton
Principal
Beveridge & Diamond PC
Freedom S.N. Smith
Partner
Ice Miller LLP

Ms. Smith is an environmental partner in the firm’s Real Estate, Environmental & Energy Law (REEL) Group and works in the areas of compliance and risk management, environmental and toxic tort litigation, brownfields and development, agriculture, procurement, and general litigation. Freedom’s clients are involved in a variety of industries, including manufacturing, agriculture, energy, real estate, and construction. She has experience representing companies, municipalities, and citizens in a wide variety of areas in both state and federal courts as well as in administrative proceedings across the country. Ms. Smith has litigated cases for both public and private clients involving contracts, accidental releases of contamination, property transfers, leaking underground storage tanks, cost recovery actions, environmental and other insurance and coverage claims, environmental enforcement actions or clean-ups under a wide variety of regulatory programs, including CERCLA/SUPERFUND. She has also handled numerous complex lawsuits involving business disputes, including cases involving breach of contract, products liability, and fraud. Ms. Smith advises and represents entities and individuals with regard to regulatory and compliance matters; managing environmental liability in business transactions, including the transfer of operations may be contaminated or potentially regulated by environmental laws; business certifications, and procurement. She works with numerous corporations, municipalities and utilities on all aspects of environmental compliance, permitting, wastewater discharges, responding to governmental agencies, dealing with citizen complaints, brownfields redevelopment, and policy issues.

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


  • Live Online


    On Demand

Date + Time

  • event

    Tuesday, November 27, 2018

  • schedule

    1:00 PM E.T.

  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

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?