Fred Wagner, Partner at Venable, LLC in Washington, D.C. has been a practicing environmental lawyer for 35 years. The debate around a definition of Waters of the United States (WOTUS) has persisted his entire career, and is likely to continue. The recent Sackett v. EPA introduces new uncertainty into an already fraught regulatory landscape. 

“If you've been looking for certainty over the last three or four decades over the definition of WOTUS, you've been sorely disappointed.”

Fred Wagner saw the debate over what constitutes Waters of the United States (WOTUS) begin the year he graduated law school, and he’s been at the center of his work ever since—on behalf of those trying to apply for permits under Section 404 of the Clean Water Act, on behalf of the government trying to enforce, Section 404 of the Clean Water Act. He’s even written a Supreme Court Amicus brief in the second litigation dealing with the recent Sackett v. EPA case decided by the Supreme Court of the United States (SCOTUS). 

Ecobot assists with digitizing federal and state agencies' field work around natural resource identification, reducing labor costs around natural resources regulation, and stretching federal funding and budgets to their fullest extent. 

What is a wetland delineation?

A wetland delineation is fieldwork that establishes the boundaries between wetlands and uplands on a property. A wetland is an area of land that is covered or saturated with water, either seasonally or permanently. Wetlands serve important ecological functions, affecting water quality and biodiversity, and are therefore regulated by Section 404 of the Clean Water Act. 

Experts explain Florida’s 404 assumption policy and practice. 

This topic was covered in the 15th episode of Ecobot's webinar series, Convergence of Wetland Science and Technology. View recorded episodes here. 

Hear from practitioners in New Jersey and Michigan about the  successes and pitfalls of state 404 assumption in both states.

This topic was covered in the 20th episode of Ecobot's webinar series, Convergence of Wetland Science and Technology. View recorded episodes here.