This presentation will focus on the continuing efforts by federal agencies and the Supreme Court to define “Waters of the United States," i.e., WOTUS, which governs the scope of the waters that are regulated under the federal Clean Water Act. This definition is relevant to the scope of most Federal programs to protect water quality under the Clean Water Act, but practically speaking, it is most applied in the context of Section 404 dredge and fill permits. The presentation will briefly cover the history of the changing definitions of WOTUS over three presidential administrations and related court decisions. It will then focus on the Supreme Court’s May 25, 2023 decision in Sackett v. EPA, as well as the U.S. Army Corps of Engineers and EPA’s amendments to the 2023 WOTUS definition, and actions by the State of Colorado, as a result of the Sackett decision. With this background, the presentation will address how these regulatory developments could impact the siting and development of clean energy projects.
The confirmed speakers for this event, which is pending approval for one general Continuing Legal Education credit in the state of Colorado, include:
- Andrea Bronson, DGS, Partner
- Noah Greenberg, Wright Water Engineers, INC., Professional Wetland Scientist
Thursday, October 19
Program | 8:00-9:00 AM
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