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Last year, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers posted two final Waters of the United States (WOTUS) rules under the Clean Water Act. Following the January 2023 final WOTUS rule, in May 2023, the U.S. Supreme Court delivered a highly anticipated decision in Sackett v. EPA for a second time in history. This decision narrowed the scope of aquatic features considered WOTUS, leading to a second final rule in September 2023, referred to as the Conforming Rule. With the Conforming Rule, uncertainty about which features are jurisdictional continues, alongside ongoing litigation surrounding WOTUS.

Bonnie Rogers, principal wetland scientist at SWCA, and Harris Frampton, business line director at SWCA, joined Rebecca Hays Barho, Mary Lynn Coffee, and Sara Johnson at Nossaman LLP to delve into the practical implications of the Sackett decision and Conforming Rule. The group provided an overview of the history surrounding the WOTUS definitions and discussed current effects on jurisdictional determinations and permits for clients.  

Watch the webinar via Nossaman LLP and learn more about environmental permitting services at SWCA.