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). 

Jessie Mahr, Director of Technology at Environmental Policy Innovation Center (EPIC), has dedicated her career to all things wetland. She believes better technology and better data are the keys to impactful environmental decision-making. 

Ecobot, the premier digital solution for mandatory pre-construction assessments, has launched a new version of the platform, enabling all environmental consultants across the country to leverage the core benefits of a proven digitized permitting workflow that has been used to generate over 85,000 regulatory reports. New customers can begin a free subscription using the self-service portal at ecobot.com. 

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. 

Have you used USACE’s Antecedent Precipitation Tool (APT)? With many USACE districts now recommending or requiring ATP data alongside jurisdictional reports, the Tool has an important place in the wetland delineation and monitoring process. 

This topic was covered in the 24th episode of Ecobot's webinar series, Convergence of Wetland Science and Technology. View recorded episodes here.