By Tru Joi Curtis
National Agricultural Law Center
U of A System Division of Agriculture

FAYETTEVILLE, Ark. — How the Environmental Protection Agency will define the key Clean Water Act term “waters of the United States,” or WOTUS, is unclear following a ruling by the U.S. Supreme Court on a case involving wetlands, said National Agricultural Law Center Staff Attorney Brigit Rollins.

Brigit Rollins, staff attorney for the National Agricultural Law Center, will present a July 19 webinar on the current state of WOTUS and the recent Sackett ruling from the U.S. Supreme Court.

The U.S. Supreme Court’s ruling in Sackett vs. Environmental Protection Agency determined that only those wetlands that share a continuous surface connection with a water body recognized under the WOTUS definition can be regulated under the Clean Water act, or CWA. This has created some inconsistencies with the EPA’s 2023 definition of WOTUS which includes some wetlands that do not share a surface connection with another body of water.

The definition of WOTUS determines what water bodies can be protected by the CWA, which is the primary federal law regulating water pollution in the United States. The CWA requires anyone who might introduce pollutants into a body of water protected under the CWA to acquire a permit from EPA. Introducing pollutants into a WOTUS without a permit can result in fines and criminal prosecution under the CWA. Therefore, it is incredibly important to understand the scope of WOTUS.

“The EPA will most likely have to revisit its 2023 definition of WOTUS because that rule is out of step with the court’s ruling,” Rollins said. “In particular, the Sackett opinion limits what wetlands can be covered by the Clean Water Act beyond what the EPA included in its 2023 rule.”

Confusion over the WOTUS definition and the protection wetlands should receive is nothing new. Since the CWA was passed in 1972, the degree of protection for wetlands has been a point of contention for policymakers.

Rollins will be discussing the current state of WOTUS and the recent ruling from the U.S. Supreme Court during NALC’s upcoming webinar, “What’s Up with WOTUS: A Look at the Current WOTUS Definition and Recent Supreme Court Decision.” This webinar will be held Wednesday, July 19, at 11 a.m. Central/noon Eastern.

“I look forward to shedding some light on the court’s recent ruling, and what that may mean for the definition of WOTUS going forward,” Rollins said.

The webinar is free of charge and registration is online.

“We are thrilled to have Brigit discuss the court’s ruling and the WOTUS definition in this webinar,” NALC Director Harrison Pittman said. “Because the definition affects so many industries and how they conduct their work, it’s critical to understand the status of WOTUS.”

The July webinar is the second in a series regarding WOTUS. The information and recording for the first part, “What’s Up with WOTUS: An Overview of ‘Waters of the United States’ and Why it Matters to Agriculture,” can also be found online.

Rollins will present a third installment on Nov. 15, titled, “What’s Up with WOTUS: Post-Sackett and Beyond.” The November webinar will look at subsequent events and consider the long-term effects of the Sackett ruling. Registration and information for the third part of the series is available online.

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