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Implications of the Supreme Court’s Sackett Decision for Protection of Wetlands and Waters
Wednesday, June 14, 2023 - 3:00 p.m. - 4:30 p.m. EDT
PRESENTERS
- Jon Devine, Director, Federal Water Policy, Natural Resources Defense Council (NRDC)
- Donna Downing, Senior Legal Policy Advisor, National Association of Wetland Managers (NAWM), former Jurisdiction Team Leader in EPA’s Office of Water (1998-2020)
- Pat Parenteau, Professor of Law Emeritus, Vermont Law School
- A state attorney involved in ongoing WOTUS litigation [TBD]
ABSTRACT
On May 25, 2023, the U.S. Supreme Court announced its decision in Sackett v. EPA. The majority opinion establishes Justice Scalia’s “relatively permanent” analysis as the standard for determining when a wetland, stream, or other water is a “water of the United States” (WOTUS) protected by the federal Clean Water Act (CWA). This webinar will provide an overview of the decision and some of the ambiguities it contains, discuss the decision’s potential impacts on aquatic resource protection, and explore some of the potential next steps for states and tribes.
