Overview (Program Summary)
In a Clean Water Act (CWA) tennis match spanning nearly five decades, federal interpretations of the CWA will once again bounce between narrowing and expanding jurisdiction. A U.S. District Court recently called an error on Trump’s EPA, vacating that administration’s Navigable Waters Protection Rule. Meanwhile, the Biden administration entered the match by announcing its intent to once again revise the definition of Waters of the U.S. This presentation will review the statutory basis for CWA jurisdiction and explain common situations where in house counsel are likely to face jurisdictional questions under the CWA. We will also discuss the volley of recent regulatory changes and active litigation and share insights regarding changes the Biden Administration may serve up to the definition of Waters of the United States.
 | Sarah P. Jarboe, Partner, English, Lucas, Priest & Owsley, LLP |
 | Joye Beth Spinks, Associate, English, Lucas, Priest & Owsley, LLP |