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What's in Store for the WOTUS Rule?


May 11, 2017


Washington, DC (and webcast)

This program is sponsored by the Water Quality and Water Resources Committee of the D.C. Bar Environment, Energy and Natural Resources Section. Cosponsored by the DC Bar Administrative Law and Agency Practice Section, ABA SEER, and the Environmental Law Institute.

A discussion on what the future has in store for the revised “waters of the United States” (WOTUS Rule), along with a Rapanos “refresher” in light of the plan to consider adopting Justice Scalia’s proposed test for determining jurisdictional waters in the Rapanos case.

On February 28, 2017, in response to an executive order from President Trump, EPA and the U.S. Army Corps of Engineers signed a notice of intent to review and rescind or revise the rule defining “waters of the United States” (“WOTUS Rule”). Consistent with the executive order, the notice states that EPA and the Corps will consider whether to interpret the term "navigable waters" according to Justice Scalia’s opinion in Rapanos v. United States, 547 U.S. 715 (2006). In anticipation of the new rulemaking action, the panel discussed what the future has in store for the WOTUS rule and revisited Rapanos to glean insight into the development of a replacement rule.

Stephen Samuels, Former Assistant Section Chief, Environment & Natural Resources Division, U.S. Department of Justice (Retired) (moderator)
Professor William W. Buzbee, Georgetown
Jon Devine, Senior Attorney, Water Program, NRDC
Kerry McGrath, Partner, Hunton & Williams