WOTUS – A Supreme Court Overhaul – What’s Next?-WOTUS A Supreme Court Overhaul

Video Transcription

Video Summary

The online class, led by environmental law experts Fred Wagner, Jay Johnson, and Aaron Apper from Venable law firm, focused on the Supreme Court's recent Sackett v. United States decision and its impact on the definition and regulation of "waters of the United States" (WOTUS) under the Clean Water Act (CWA). The Sackett ruling unanimously rejected the previously used "significant nexus" test from the Rapanos case, narrowing federal jurisdiction to only wetlands with a continuous surface connection to relatively permanent, navigable waters, essentially requiring wetlands to be indistinguishable from those waters to be federally regulated.<br /><br />The speakers highlighted the complexities and controversies following the ruling, including the reinterpretation of key terms such as "adjacent," "relatively permanent," and the legal uncertainty around hydrological connections disrupted by man-made barriers. They explained that while the ruling aims for clarity, many factual and legal uncertainties remain, causing delays in jurisdictional determinations and permitting decisions by the EPA and Army Corps of Engineers. The EPA plans to issue a new, narrower WOTUS rule by early September under a "good cause" exemption, likely prompting further legal challenges.<br /><br />A key consequence is the increased regulatory role of states, which may enact broader wetland protections beyond the federal standard, leading to a patchwork of rules across the country. Environmental groups warn that up to 50% of wetlands may lose federal protection, heightening litigation and advocacy efforts at both state and federal levels. The presentation underscored the evolving legal landscape requiring close attention to both federal and state regulations concerning water protections.

Keywords

Sackett v. United States

Clean Water Act

waters of the United States

WOTUS rule

Supreme Court ruling

wetlands regulation

EPA jurisdiction

Army Corps of Engineers

state wetland protections