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What’s in Store for the WOTUS Rule?

**This is a previously recorded program, originally recorded on May 11, 2017.
Join us for a discussion on what the future has in store for the revised “waters of the United States” (WOTUS Rule), along with a Rapanos “refresher” in light of the plan to consider adopting Justice Scalia’s proposed test for determining jurisdictional waters in the Rapanos case.
On February 28, 2017, in response to an executive order from President Trump, EPA and the U.S. Army Corps of Engineers signed a notice of intent to review and rescind or revise the rule defining “waters of the United States” (“WOTUS Rule”). Consistent with the executive order, the notice states that EPA and the Corps will consider whether to interpret the term "navigable waters" according to Justice Scalia’s opinion in Rapanos v. United States, 547 U.S. 715 (2006). In anticipation of the new rulemaking action, this panel will discuss what the future has in store for the WOTUS rule, as well as revisit Rapanos to glean insight into the development of a replacement rule. The panel will address these topics from diverse perspectives.
This program was sponsored by the Water Quality and Water Resources Committee of the D.C. Bar Environment, Energy and Natural Resources Section. Cosponsored by the Administrative Law and Agency Practice Section, the American Bar Association Section Environment, Energy and Resources and the Environmental Law Institute.
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