NALC’s Rollins to discuss WOTUS definition after SCOTUS ruling in July 19 webinar
“The EPA will most likely have to revisit its 2023 definition of WOTUS because that rule is out of step with the court’s ruling.” — Brigit Rollins
By Tru Joi Curtis
National Agricultural Law Center
U of A System Division of Agriculture
July 5, 2023
Fast facts
- Rollins to discuss the WOTUS definition during the NALC webinar on July 19.
- Rollins: EPA’s definition of WOTUS out of step with a recent U.S. Supreme Court decision regarding wetlands.
- Registration is online.
(554 words)
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FAYETTEVILLE, Ark. — How the Environmental Protection Agency will define the key Clean
Water Act term “waters of the United States,” or WOTUS, is unclear following a ruling
by the U.S. Supreme Court on a case involving wetlands, said National Agricultural
Law Center Staff Attorney Brigit Rollins.
The U.S. Supreme Court’s ruling in Sackett vs. Environmental Protection Agency determined that only those wetlands that share a continuous surface connection with
a water body recognized under the WOTUS definition can be regulated under the Clean
Water act, or CWA. This has created some inconsistencies with the EPA’s 2023 definition
of WOTUS which includes some wetlands that do not share a surface connection with
another body of water.
The definition of WOTUS determines what water bodies can be protected by the CWA,
which is the primary federal law regulating water pollution in the United States.
The CWA requires anyone who might introduce pollutants into a body of water protected
under the CWA to acquire a permit from EPA. Introducing pollutants into a WOTUS without
a permit can result in fines and criminal prosecution under the CWA. Therefore, it
is incredibly important to understand the scope of WOTUS.
“The EPA will most likely have to revisit its 2023 definition of WOTUS because that
rule is out of step with the court’s ruling,” Rollins said. “In particular, the Sackett opinion limits what wetlands can be covered by the Clean Water Act beyond what the
EPA included in its 2023 rule.”
Confusion over the WOTUS definition and the protection wetlands should receive is
nothing new. Since the CWA was passed in 1972, the degree of protection for wetlands
has been a point of contention for policymakers.
Rollins will be discussing the current state of WOTUS and the recent ruling from the
U.S. Supreme Court during NALC’s upcoming webinar, “What’s Up with WOTUS: A Look at
the Current WOTUS Definition and Recent Supreme Court Decision.” This webinar will
be held Wednesday, July 19, at 11 a.m. Central/noon Eastern.
“I look forward to shedding some light on the court’s recent ruling, and what that
may mean for the definition of WOTUS going forward,” Rollins said.
The webinar is free of charge and registration is online.
“We are thrilled to have Brigit discuss the court’s ruling and the WOTUS definition
in this webinar,” NALC Director Harrison Pittman said. “Because the definition affects
so many industries and how they conduct their work, it’s critical to understand the
status of WOTUS.”
The July webinar is the second in a series regarding WOTUS. The information and recording
for the first part, “What’s Up with WOTUS: An Overview of ‘Waters of the United States’
and Why it Matters to Agriculture,” can also be found online.
Rollins will present a third installment on Nov. 15, titled, “What’s Up with WOTUS:
Post-Sackett and Beyond.” The November webinar will look at subsequent events and consider the
long-term effects of the Sackett ruling. Registration and information for the third part of the series is available
online.
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About the National Agricultural Law Center
The National Agricultural Law Center serves as the nation’s leading source of agricultural
and food law research and information. The NALC works with producers, state and federal
policymakers, Congressional staffers, attorneys, land grant universities, and many
others to provide objective, nonpartisan agricultural and food law research and information
to the nation’s agricultural community.
The NALC is a unit of the University of Arkansas System Division of Agriculture and
works in close partnership with the USDA Agricultural Research Service, National Agricultural
Library.
About the Division of Agriculture
The University of Arkansas System Division of Agriculture’s mission is to strengthen
agriculture, communities, and families by connecting trusted research to the adoption
of best practices. The Division of Agriculture conducts research and extension work
within the nation’s historic land grant education system through the Agricultural
Experiment Station and the Cooperative Extension Service.
The Division of Agriculture is one of 20 entities within the University of Arkansas
System. It has offices in all 75 counties in Arkansas and faculty on five system campuses.
The University of Arkansas System Division of Agriculture is an equal opportunity/equal
access/affirmative action institution. If you require a reasonable accommodation to
participate or need materials in another format, please contact dviguet@uark.edu as
soon as possible. Dial 711 for Arkansas Relay.
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Media contact:
Drew Viguet
Communications & Special Projects Coordinator
National Agricultural Law Center
dviguet@uark.edu