Understand the evolution of the Clean Water Act, its success, and how it has evolved to expand coverage over wet weather and emerging contaminants.
The 1972 amendment to the Clean Water Act defined navigable waters as waters of the United States (commonly referred to as WOTUS) and subject to federal Clean Water Act jurisdiction, but left the definition of what falls under WOTUS under the discretion of the EPA and U.S. Army Corps of Engineers. Since then, the Agencies have struggled to address waters that were not clearly in or out of their WOTUS definitions. Litigation followed, with several landmark Supreme Court cases in which the Court has interpreted definitions for WOTUS and the Agencies' jurisdictional authority. Both the Obama and Trump Administrations have also attempted to resolve and clarify federal authority through competing rulemakings that resulted in more litigation. Today, many federal and state regulators, let alone regulated parties, are still confused regarding jurisdictional reach. In this material, Barnes & Thornburg attorneys will trace the key developments associated with defining federal jurisdiction under the Clean Water Act, explain the current definition, and assess immediate prospects for the new Administration. The presenters will also discuss other new developments affecting federal jurisdiction, including the Supreme Court's Maui decision impacting regulation of discharges to groundwater, and explain federal vs. state responsibilities and concepts of federalism.
Learning Objectives
- You will be able to describe the panoply of obligations that apply to the various stormwater permitting programs, recent or proposed changes to those programs, and what future changes could enhance stormwater permitting.
- You will be able to identify the ongoing regulatory tensions regarding EPA’s struggle to define what constitutes a Water of the United States absent a statutory definition.
- You will be able to recognize the implications for project developments that may affect a Water of the United States.
- You will be able to explain the Maui decision regarding what pollutant discharges into groundwater should be subject to Clean Water Act permitting and its future impact on the scope of the Clean Water Act.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
New Navigable Waters Protection Rule
- Supreme Court Legal History
- 2015 Rule Recap and Trump Process to Undo That Rule
- New Rule Overview and Description of Key Aspects
- Litigation Status of New Rule and Its Future Under Biden Administration?
Maui Supreme Court Decision
- History of Clean Water Act Permitting for Discharges to Groundwater
- Maui Case History Leading up to Supreme Court Decision
- What the Supreme Court Decided
- Implications From That Decision and Subsequent Court Decisions
Stormwater Clean Water Act Permitting Developments
- EPA's Revised Multi-Sector General Permit for Industrial Stormwater Discharges
- Updates on Developments in EPA's Municipal Stormwater Permitting Program
- Updates on EPA's Construction Stormwater Permitting Program
Revisions to State 401 Certifications Associated With Federal Clean Water Act Permits
- Relevant History of Federal - State Clean Water Act Permitting Coordination
- Case History of Issues/Concerns Regarding Federalism and Permitting Delays
- New Trump Rulemaking Changing the 401 Certification Process
- Implications and Future Outlook Under Biden Administration
Clean Water Act Tools for Managing Emerging Contaminants (PFAS)
- EPA PFAS Action Plan
- December 2020 EPA Office of Water Guidance on PFAS and NPDES Permitting
- Clean Water Act PFAS Issues Looking Forward
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on February 9, 2021.
Call 1-866-352-9540 for further credit information.
- CA MCLE 1.5
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Alexander Bandza
Barnes & Thornburg LLP
- Of counsel with Barnes & Thornburg LLP
- Defends toxic tort and wrongful death claims arising out of alleged environmental and workplace exposures, as well as CERCLA, RCRA, and other environmental and common law claims arising out of alleged environmental contamination; he also counsels clients on environmental permitting obligations and, in the context of corporate transactions, environmental, health, and safety issues
- Before entering law school, he worked with Exponent, Inc., a scientific consulting firm, where he conducted economic and statistical analyses in support of expert witnesses in economics, statistics, epidemiology, and toxicology
- Speaks to bar and industry associations on environmental and energy topics
- Written a number of publications - https://btlaw.com/people/alexander-bandza#?section=publications
- Memberships include vice chair of membership, former chair and former vice chair of electronic communications; American Bar Association Section of Environment, Energy and Resources’ Constitutional Law Committee; vice chair of membership, American Bar Association Section of Environment, Energy and Resources’ Science and Technology Committee; founding member and board secretary, The Associates Committee (California NFP); board member, Young Professionals in Energy (Chicago) Board; board member, Legal Council for Health Justice Board; and co-chair, Berkeley Law Alumni Group-Chicago
- J.D. degree, University of California, Berkeley School of Law; B.A. in economics, interdisciplinary honors in environmental science, technology and policy, Stanford University
- Can be contact at 312-214-5633 or [email protected]
Jeffrey S. Longsworth
Barnes & Thornburg LLP
- Partner with Barnes & Thornburg LLP
- Serves as special environmental counsel to numerous national trade associations, Fortune 500 companies, industries, coalitions, airports, state and municipal government agencies, and other regulated parties before federal and state regulatory and enforcement authorities; he works closely within the federal rulemaking process with the U.S. Environmental Protection Agency, Department of Energy, Small Business Administration, and White House Office of Management and Budget, among others; he also advises clients and the firm’s legislative team on environmental issues arising under federal and state legislation
- Focuses his practice at the cutting-edge of Clean Water Act (CWA) issues and its application to regulated entities across the country; after decades of practical experience in this specific and complex area of the law, he has seen, experienced and resolved the critical challenges his clients and their constituents face from both the individual business and industrywide perspectives; he has a specific focus on industrial, construction, and municipal stormwater permitting, enforcement defense, and litigation, as well as extensive experience addressing emerging contaminants such as PFAS
- Teaches numerous courses for continuing legal education and environmental compliance strategies
- Regularly authors articles for trade publications, client alerts, and blogs - https://btlaw.com/en/people/jeffrey-longsworth#?section=insights-and-events
- Member of various national and state bar associations; he also was appointed to EPA’s Wet Weather Flows Federal Advisory Committee and has been selected as a small entity representative in numerous Small Business Regulatory Enforcement Fairness Act regulatory review panels administered by the White House Office of Management and Budget
- J.D. degree, Catholic University of America; Amherst College
- Can be contacted at 202-408-6918, 301-807-9685 or [email protected]
Jessica Reiss
Barnes & Thornburg LLP
- Associate with Barnes & Thornburg LLP
- Practice emphasizes environmental regulatory compliance, remediation, and administrative adjudication of environmental appeals
- Worked in the environmental field for over 15 years and from almost every angle; she began her career as the regulated, managing environmental, health, and safety at manufacturing facilities; prior to joining Barnes & Thornburg LLP, she was an attorney for the regulator, the Indiana Department of Environmental Management; in between those experiences, she has been an environmental consultant and a researcher; and now in private practice at Barnes & Thornburg LLP, she draws from those diverse experiences to advise her clients on an array of topics in environmental law
- Taught several semesters as an adjunct professor at the Indiana University School of Public and Environmental Affairs in Indianapolis; her courses covered sustainability and environmental law; she has presented Continuing Legal Education courses to IDEM, the Indiana Office of the Attorney General, and the Indiana Chamber of Commerce; as an EHS manager and an environmental consultant, she developed and presented training topics regularly and on a wide range of environmental topics
- Publications include M. Granger Morgan, et. al., Carbon Capture and Sequestration: Removing the Legal and Regulatory Barriers (2012)
- J.D. degree, magna cum laude, Vermont Law School; master’s degree in environmental law and policy, magna cum laude, Vermont Law School; B.A. degree in public relations, Ball State University
- Can be contacted at 317-231-7311 or [email protected]
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