This webinar will cover the implications of the new rule for engineering firms engaged in WOTUS determinations. The webinar will cover potential changes from current practices and explore the meaning of relevant terms in the new rule such as:

·“adjacent wetlands”

·"relatively permanent" surface water connections

·“significant” hydrologic or ecological "nexus"

·"reasonably close such that the wetland can modulate water quantity or quality."

Speakers - Please join Fred Wagner, Jay Johnson, and Aaron Aber from Venable LLP for this informative and timely webinar.

Background - On January 18, 2023, the Biden administration published a final rule defining federal jurisdiction of waters of the United States (WOTUS) protected by the Clean Water Act. WOTUS definitions have been the subject of Supreme Court decisions and recently modified by both the Obama and Trump Administrations. The new rule, effective on March 20, 2023, marks a departure from the perceived "bright-line" standards adopted in Obama (2015) and Trump (2020) rules and attempts to return to pre-2015 interpretations as amended by Supreme Court precedent.

A fact sheet accompanying the rule provides a summary of the jurisdictional standards, application of the rule to categories of wetlands, and exclusions. More information, including additional fact sheets, is available at EPA's "Waters of the United States" website.

Presenters: Fred Wagner, Jay Johnson, and Aaron Aber from Venable LLP