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). 

Mike Rolband’s environmental career has spanned more than 40 years. What started as a path in construction and real estate development eventually led to his development of one of the first mitigation banks in the country. Now, Rolband serves as Virginia Governor Glenn Youngkin’s Director of the Department of Environmental Quality.

Sunny Fleming is Esri’s Industry Specialist for Environment and Conservation for State and Local Government. She read the Infrastructure Bill so you don’t have to. 

Here’s her two cents on what the Infrastructure Investment and Jobs Act (IIJA) is and what it means for environmental professionals and your everyday citizen.

On June 22, 2020, the Navigable Waters Protection Rule (NWR) went into effect purportedly to clarify the US federal government’s permitting jurisdiction of  what waters are considered “waters of the United States" (WOTUS) under the Clean Water Act (CWA).  The Environmental Protection Agency and the Department of the Army led the review and revision of the definition of WOTUS consistent with an Executive Order signed on February 28, 2017, titled ‘‘Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the ‘Waters of the United States’ Rule.’’

USACE finally implemented the pending 2018 changes to the National Wetlands Wetlands Plant List (NWPL) on May 18, 2020, effective immediately. Below you'll find the eight (8) plant species being added to the NWPL and the four (4) species with at least one regional indicator status change.

These changes are now live in Ecobot!

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