Fast facts:
Rollins to discuss the impact of the Sackett decision during Nov. 15 webinar.
Registration is online.
FAYETTEVILLE — How redefining a single word in the “waters of the U.S.” rule might affect agriculture and what states are doing in reaction to the new WOTUS rule are among the topics being discussed in the next National Agriculture Law Center webinar, presented by Staff Attorney Brigit Rollins.
Brigit Rollins, staff attorney for the National Agricultural Law Center, will discuss the state of WOTUS following the Sackett ruling during the NALC's Nov. 15 webinar.
The new WOTUS rule reduces the number of waters and wetlands that would require a permit for point source pollution or dredge and fill activity by redefining “adjacent.”
The Environmental Protection Agency issued the new rule in the wake of the Supreme Court’s May 25 ruling in Sackett v. EPA. EPA has stated that it will be interpreting the Clean Water Act term “waters of the United States” in a way that is consistent with the Supreme Court’s ruling.
Narrowing the definition
The new WOTUS rule removes many water bodies from regulation under the Clean Water Act, by narrowing the definition to include open, flowing bodies of water, as well as wetlands that share continuous surface connection with those bodies of water.
Prior to the Sackett decision, WOTUS defined “adjacent” as “bordering, contiguous, or neighboring.” In the updated rule, “adjacent” has been redefined as “having a continuous surface connection,” bringing it in line with the Sackett decision.
Rollins’ discussion is the third in her series on WOTUS. The “What’s Up with WOTUS: Post-Sackett and Beyond,” webinar will be held Wednesday, Nov. 15, at 11 a.m. Central/noon Eastern.
“The effects of EPA’s WOTUS decision will definitely be felt by ag producers,” Rollins said. “The narrowing of the WOTUS definition will reduce the number of permits that ag landowners and producers might have to seek out.”
The webinar is free of charge and registration is online.
“WOTUS is an ever-changing topic with new updates constantly,” Rollins said. “I am looking forward to helping everyone understand the impact of the Sackett ruling and what it means for the future of the WOTUS definition.”
The information for the first installment in Rollins’ series, “What’s Up with WOTUS: An Overview of ‘Waters of the United States’ and Why it Matters to Agriculture,” can be found online.
Information for the second installment, “What’s Up with WOTUS: A Look at the Current WOTUS Definition and recent Supreme Court Decision,” can also be found online.
“The Sackett ruling has had various rippling effects throughout the United States, so this information is extremely important,” NALC Director Harrison Pittman said. “Brigit’s expertise in this area has made these webinars informational and beneficial, so we are looking forward to the insight she will share during the presentation.”
