Presented by the Association of State Wetland Managers (ASWM) as part of their Hot Topics Webinar Series.

Register here.

Presenters include: 

• Jan Goldman-Carter, National Wildlife Federation
• Virginia Albrecht, Hunton and Williams, LLP
• Roy Gardner, Stetson University, College of Law

Summary: 

The U.S. Environmental Protection Agency (EPA) and the Department of Army (Army) are carrying out a two-step process to revise Clean Water Act Jurisdiction. The first step is to repeal the Clean Water Rule regulation finalized by EPA and the Army in the spring of 2015 and replace it with the 1986 rule previously in place in conjunction with the Rapanos guidance. Essentially this step formally adopts the current status quo which remains in place because the Clean Water Rule is stayed by the Sixth Circuit Court pending action by the court. The next step following the repeal and replace rulemaking will be a new rule based in part on the Scalia Opinion in the Rapanos decision.

As states, tribes, and others review the proposed rule and think about the rulemaking that is planned to follow it, there are many issues to consider. ASWM has invited legal experts representing diverse perspectives to share their insights to help webinar participants to understand the current process, issues of importance, and potential outcomes as these rulemaking efforts are carried out and later challenged in the courts.

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