NACWA Hosts Discussion of WOTUS Rule, Administrative Law in New Supreme Court

five(September 19, 2017) - NACWA hosted over 150 participants for its  Hot Topics in Clean Water Law webinar on September 13, which was the final installment of the webinar series for Fiscal Year 2017.   The webinar featured a panel of expert clean water attorneys, with discussion focused on how shifting politics at the national level, and a new justice on the U.S. Supreme Court, will likely change the face of administrative law.  Discussion also focused on the ongoing challenge to the 2015 Clean Water Rule, and the Trump Administration’s two-step approach to repealing the rule.

Allan Gates, Principal at NACWA Legal Affiliate, Mitchell Williams, delivered a presentation titled, Shaking Things Up -- The Trump Administration, Regulatory Change, and Administrative Law. The presentation covered the basics of administrative law, and included a discussion of how familiar doctrines will likely change as the Trump Administration takes a new approach to regulation, as well as how the Supreme Court is likely to decide environmental and administrative law cases with the addition of Justice Neil Gorsuch.

Karma Brown, Counsel at NACWA Legal Affiliate, Hunton & Williams, presented Clean Water Rule Litigation and Regulatory Efforts: What to Expect on WOTUS from SCOTUS and the Administration, in which she provided an update on the litigation over the Clean Water Rule, and the likely impact of a decision by the Supreme Court on which court has jurisdiction over challenges to the rule.  Ms. Brown also discussed the ongoing rulemaking efforts at EPA, and explained the process required to withdraw the existing rule and enact a new Waters of the U.S. definition.

NACWA encourages members interested in these and other legal issues to join the Legal Affairs Committee.  The next Hot Topics in Clean Water Law webinar is scheduled for December 13, from 2:00 pm - 3:30 pm ET.  Members are encouraged to submit potential topics to Erica Spitzig or Amanda Waters.