Virtual SEER 28th Fall Conference: Don’t Go Chasing Ephemeral Streams and Isolated Wetlands: EPA’s Navigable Waters Protection Rule Sticks to More Traditional Jurisdictional Waters [CC]

    Virtual SEER 28th Fall Conference: Don’t Go Chasing Ephemeral Streams and Isolated Wetlands: EPA’s Navigable Waters Protection Rule Sticks to More Traditional Jurisdictional Waters [CC]
    CLE 60 min

    Virtual SEER 28th Fall Conference: Don’t Go Chasing Ephemeral Streams and Isolated Wetlands: EPA’s Navigable Waters Protection Rule Sticks to More Traditional Jurisdictional Waters [CC]

    Join our expert panel for a review of the evolution of the WOTUS rule over the last fifty years, followed by a dive into the basics of the Navigable Waters Protection Rule, CWA 402 and 404 permitting, and new litigation.

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      10/20/2023

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      10/20/2023

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      10/20/2021

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      10/20/2023

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      10/20/2023

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      10/20/2023

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    Closed Captioned.

    In the Navigable Waters Protection Rule, EPA sticks to regulating more traditional navigable waters instead of chasing more isolated or temporary waters like ephemeral streams and isolated wetlands. Unsurprisingly, this significant narrowing of the jurisdiction of the Clean Water Act has inspired polarized opinions. While some call it a triumph of cooperative federalism that clearly defines U.S. versus State waters, others disparage the measure as an abandonment of the science establishing the interconnectedness of waters. Regardless of one's alignment in this debate, practitioners representing a variety of clients need to understand the Rule and its impacts on the regulated community. Other forces at play include States' authority to regulate their territorial waters, the Supreme Court of the United States’ ruling in County of Maui, Hawaii v. Hawaii Wildlife Fund, and litigation directly challenging the legality of the 2020 Rule. Our expert panelists will briefly review the evolution of the WOTUS rule over the last five decades; explain the basics of the Navigable Waters Protection Rule through an interactive hypothetical exercise; discuss the impacts the new rule will have on CWA 402 and 404 permitting; and analyze how practitioners can navigate the rule change in light of State law, the Maui decision, and pending litigation.

    Speakers

    Ellen Gilinsky, President, Ellen Gilinsky, LLC, Richmond, VA

    Kevin Murray, Holland & Hart LLP, Salt Lake City, UT

    Rachel Zwillinger, Water Policy Advisor, Defenders of Wildlife, Sacramento, CA

    Moderator

    LaJuana Wilcher, English, Lucas, Priest & Owsley, LLP, Bowling Green, KY

    Product Details

    Moderators

    Lajuana S Wilcher

    Panelists

    Ellen Gilinsky, Kevin Reid Murray, Rachel Justine Zwillinger

    Sponsors

    Section of Environment, Energy, and Resources

    Product Code

    NR2010SFCW9OLC

    Duration

    60

    Publication Date

    10/21/2020 12:00:00 AM

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