Waters of the United States: Meandering Regulatory Riffles, Pools and Runs

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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 Ward Marotti Vice President Spangler Environmental, Inc.   NCAEP: President (2009-2017) NCAEP: Chapter representative (2017-2020) NAEP-SC: Inaugural board member & chapter representative (2020-2023) NAEP: At large board member (2023-present) Environmental consultant: 30+ years: CWA 404/401 permitting Stream, wetland & riparian buffer restoration/mitigation NEPA & SEPA documentation ESA Sections 7 & 10 impact permits, conservation plans & relocation plans SMACRA compliance Watershed use re-classifications BA: University of Northern Colorado: Environmental Studies

Evan Carnes Senior Managing Environmental Planner Anchor QEA 10+ years’ Environmental Regulatory Experience NEPA CWA 404/401 permitting Federal law/policy compliance Stream, wetland & riparian delineation and restoration USACE Regulatory Experience (8+ years) Chief Columbia Basin Section (3+ years) Restoration Permit Process Streamlining Lead NEPA Team Lead BA: University of Washington: Environmental Studies, Conservation Science and Management

Interested in purchasing access to a past webinar?
Check out our webinar recordings in the Past Webinar Library!