NAEP 2023 Webinar Series

About | Date & Times | Pricing & Registration | Topic Outlines | Materials 

About the 2023 NAEP Regulations and Rulings Webinar Series

As environmental professionals plan ahead for 2023, several key administrative and judicial decisions are anticipated that could change the face of our practice for years to come.  

The NAEP is committed to helping its members stay abreast of these important developments through a three-part series of ‘hot topic’ webinars offered over the course of 2023. We are pleased to offer you access to three webinars that will address the following issues:

All three live webinars have passed. However, these webinars were recorded for attendees to access the discussion at their convenience. Complete the registration form below to receive an email with a link to access the webinar recordings and any provided materials online. 

The NAEP understands how quickly the legal and regulatory framework impacting our profession can change. We hope these webinars will allow you to stay up to date with new information as developments occur.  

Register Now

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Dates & Time

  • EPA/US Army Corps of Engineers’ Final Rule: Revised Definition of “Waters of the United States” | January 30, 2023, at 2:00–3:30 PM ET
  • The CEQ’s proposed Phase II NEPA regulations NEPA in the Fiscal Responsibility Act | June 22, 2023, at 3:00–4:30 PM ET
  • The Supreme Court ruling in the Sackett ‘Waters of the United States’ case | June 12, 2023, at 3:00–4:00 PM ET

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Pricing & Registration

  • NAEP Member: FREE
  • Chapter-Only Member: $100
  • Non-Member: $100

To enhance engagement during the webinars, we are asking in the registration form to provide any questions you would like answered by the presenters. 

All registrants can access each individual webinar recording and any materials provided even if they are not able to attend live or registered after one or more of the webinars has passed. Cancellations must be submitted in writing to NAEP and will be considered on a case-by-case basis. Please email [email protected] with your request.

Topic Outlines 

For a general overview of what will be covered in each webinar, please see the sample agenda below. Topic order for these webinars will vary pending ongoing developments and additional information will be sent out in the Know Before You Go email. 

*Session outline subject to change based on speaker availability. 

Topic Date & Time
EPA/US Army Corps of Engineers’ Final Rule: Revised Definition of “Waters of the United States”

January 30, 2023
2:00–3:30 PM ET

On 18 January 2023 the United States Army Corps of Engineers’ and the Environmental Protection Agency’s Revised Definition of “Waters of the United States” was published in Federal Register Vol. 88, No. 11. The Final Rule, which defines what waters are protected by/subject to the Clean Water Act (CWA), becomes effective nationally on 20 March 2023. As stated in the summary: In developing this rule, the agencies considered the text of the relevant provisions of the Clean Water Act and the statute as a whole, the scientific record, relevant Supreme Court case law, and the agencies’ experience and technical expertise after more than 45 years of implementing the longstanding pre-2015 regulations defining “waters of the United States.” 

As previously announced, NAEP has been awaiting the formal publication of the Final Rule since fall 2022 and, as planned, will now host a webinar led by a panel of experts that will provide an informative and concise summary of the WOTUS definition’s technical, legal, and regulatory history. More importantly, they will analyze and discuss both the technical differences between the Final Rule and the current, pre-2015 WOTUS definition and the impact on the regulated community that is likely to result. The Final Rule’s effect on the natural resource the CWA was created to protect will also be considered, along with the potential impacts of the SCOTUS’ Sackett v. EPA opinion, which is anticipated to be delivered this spring.

NAEP has selected three expert panelists to summarize the Final Rule’s meaning, from the perspectives of the updated WOTUS’ technical definition, its changes to federal regulatory oversight, as well as the likely litigative entanglements that are certain to quickly follow. 

The panelists will provide their insight, which has evolved from decades of wide-ranging professional WOTUS experience. Collectively, on behalf of the public, private and regulatory sectors, they have mapped and documented the location and extent of WOTUS in the field, permitted WOTUS impacts in the office, and litigated disputed interpretations of both in the courtroom for over half a century. While the initial portion of the webinar will be a Final Rule summary, the latter portion will be an open discussion, with registrant participation not only encouraged, but expected. 

Please join NAEP for this timely and informative event, focused on how the soon-to-be-implemented changes to one of the United States’ most significant environmental regulations may impact the nation. 

Ward Marotti

Peter McGrath

Carland Holstead, PWS

The Supreme Court ruling in the Sackett ‘Waters of the United States’ case June 12, 2023, at 3:00–4:00 PM ET

In addition to the codified changes to the definition of Waters of the United States, the Supreme Court has agreed to review Sackett v. EPA, which seeks to resolve the dispute of how wetlands should be handled under the Clean Water Act. This topic will focus on the Supreme Court’s decision in Sackett v. EPA.

Jay C Johnson


Cheryl Feigum

NEPA in the Fiscal Responsibility Act (Updated Topic)  June 22, 2023, at 3:00–4:30 PM ET

In recent sessions of Congress, there have been many attempts to reform NEPA and related environmental permitting processes. These attempts were largely unsuccessful until much of the previously introduced Building United States Infrastructure through Limited Delays and Efficient Reviews (BUILDER) Act of 2023 was incorporated into the Fiscal Responsibility Act of 2023 which was passed by Congress and became law in early June. The Builder Act (Section 321 of the Fiscal Responsibility Act) makes the first substantive amendments to NEPA since NEPA was enacted in 1970. While many of the changes are drawn from the 2020 CEQ NEPA implementing regulations, there are important differences. This webinar will focus on the amendments to NEPA.

The original topic for this webinar was the CEQ’s proposed Phase II NEPA regulations. Because the timing of CEQ’s issuance of any proposed Phase II regulations is now even more uncertain due to the new amendments to the act, this webinar will now focus on the amendments.

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Webinar Materials

Thank you to all who registered for our 2023 NAEP Regulations and Rulings Webinar Series!

Presentation recordings will be available for all attendees, and those who were not able to attend will have the ability to purchase these recordings after the live webinar.

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