Don't miss this informative and timely webinar hosted by National Association of Environmental Professionals.

Since the Supreme Court of the United States’ (SCOTUS) unanimous 1985 Riverside Bayview Homes v. US decision expanded the definition of “waters of the United States” (WOTUS) to include more than just the nation’s “navigable waters,” debate on what should be considered a WOTUS has continued and, through much of this time, been complex and heated (e.g., SWANCC v. US (2001), Rapanos & Carabell v. US (2006)). For more than a decade following Rapanos, the WOTUS definition was based on the significant nexus test, as defined by Justice Kennedy’s concurring opinion, which disagreed with much of Justice Scalia’s plurality opinion. Many thought that the SCOTUS’ 2023 Sackett decision provided the long-needed clarity to the WOTUS definition. On the ground regulatory interpretation/implementation of that decision has documented the opposite…inconsistent and unpredictable WOTUS determinations. Will the incoming Trump administration bring us back to its Navigable Waters Protection Rule, or another, even more restrictive definition?

Join two experts with over half a century of experience to hear a summary of the WOTUS definition’s meandering flow path, the flooding caused by its recent bank full events, as well as their prognostications on its next riffles.

Speakers