Pitfalls of Ping Pong WOTUS Policy

Originally Broadcast on May 19th, 2021, 12:30 - 1:30 pm ET

Administrations come and go. Environmental regulations ebb and flow with the tides of political climate change. Legal battles ensue. Environmental consultants, regulatory enforcers, and developers are left to pick up the pieces. With recent rollbacks to rollbacks of WOTUS rules, come see how other environmental regulators and consultants are responsibly tackling the turbid waters.


Presenters & Panelists

  • Donna Downing, J.D., Senior Legal Policy Advisor, ASWM
  • Gordon Shaw, PWS, Senior Wetland Specialist, Burns & McDonnell
  • Matthew Stahman, PWS, Director of Regulatory, RES
  • Royal Gardner, J.D., Professor, Stetson University College of Law

Webinar Topics

  • Backdrop of evolution of WOTUS rules and CWA
  • 2015 Clean Water Rule to 2020 Navigable Water Protection Rule changes
  • "Proving" or justifying a stream being called ephemeral
  • Temporary impacts permits for ephemerals streams
  • Uptick in AJD applications
  • Variation in review of permit applications in different regions
  • Additional field data requests for concurrence
  • Reduction of mitigation needs by order of magnitude
  • Litigations, hold-ups and delays/extensions
  • Where will the pendulum swing with the current administration?
  • How are the developers and lawyers representing them handling the pendulum swing?

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