Clean Water Current

The NACWA Legal Affairs Committee and Stormwater Management Committee this week jointly hosted a webinar focusing on the definition of "waters of the United States" (WOTUS). 

Featured on the webinar was a presentation from David Chung, Partner at NACWA Legal Affiliate Crowell & Moring, and Drew Silton, Principal at NACWA Legal Affiliate Beveridge & Diamond, covering where we are on the WOTUS regulatory front and EPA’s ongoing rulemaking effort, as well as what we might expect to see from the U.S. Supreme Court in their upcoming review of the on-going Sackett v. EPA litigation.

NACWA also presented a brief summary of a recent decision from the U.S. Court of Federal Claims in the case of City of Wilmington v. U.S.  In a disappointing outcome, the court there held that NACWA member the City of Wilmington was not entitled to recoup millions of dollars in unpaid stormwater management fees from the U.S. Army Corps of Engineers because the city failed to demonstrate that its fees constituted “reasonable service charges” pursuant to Clean Water Act Section 1323. 

Wilmington has indicated that it is contemplating appealing the decision to the U.S. Court of Appeals for the Federal Circuit, and NACWA is currently considering potential next steps.

Please contact NACWA’s Chief Legal Counsel Amanda Aspatore or Director of Regulatory Affairs Emily Remmel with any questions.