‘Waters of the U.S.’ on agenda for third annual Western conference
“These water law developments, such as the result of Sackett, directly impact producers
and their operations.”
—Tess Dunham
By Drew Viguet
National Agricultural Law Center
U of A System Division of Agriculture
March 17, 2025
Fast facts:
- Conference session focuses on WOTUS following Sackett ruling
- Water law attorney Tess Dunham is presenting
- Registration is online, livestream available
(478 words)
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FAYETTEVILLE, Ark. — How do you define “waters of the U.S.”?
It’s a question that has lingered in agricultural law and policy for decades. The legal phrase in question, “waters of the United States” otherwise known as WOTUS, is a key component of the Clean Water Act, meant to improve the country’s water quality by reducing pollution. Since it became law in 1972, the definition of WOTUS has continually evolved. Bodies of water defined under WOTUS receive various legal protections.
In 2023, the Supreme Court narrowed the definition of WOTUS with its ruling in Sackett v. EPA. The U.S. Environmental Protection Agency then amended its WOTUS rule to conform with the Sackett decision, ultimately removing numerous waters and wetlands from Clean Water Act jurisdiction.
“It was a significant decision from the Supreme Court with lasting ramifications for the country’s agriculture, which will continue into the future,” said Tess Dunham, partner at Kahn, Soares and Conway. “With many bodies of water that were protected prior to the Sackett ruling no longer falling under the Clean Water Act, it directly impacts the way activities in those waters are regulated.”
Dunham will discuss the legal and regulatory landscape following the Sackett ruling during the session, “WOTUS & Water Quality in the West in a Post-Sackett World,” at the third annual Western Water, Agricultural, and Environmental Law Conference. The conference will be held June 19-20 in Reno, Nevada. This year, the Western is hosted by the National Agricultural Law Center, or NALC, and the National Association of State Departments of Agriculture Foundation, or NASDA Foundation. It will also feature a livestream option.
Dunham has spent over two decades of her practice specializing in California and federal water quality laws.
“I’ve seen how regulations and polices have shifted,” Dunham said. “When it comes to WOTUS and the Clean Water Act, it’s crucial that producers know where definitions and regulations stand. These water law developments, such as the result of Sackett, directly impact producers and their operations.”
The Western conference features continuing legal education credit, as well as continuing education from the American Society of Farm Managers and Rural Appraisers. Registration and more information is available online at nationalaglawcenter.org/western2025.
“The Western provides a unique opportunity for legal and industry professionals to convene and discuss pressing agricultural and environmental law issues,” said NALC Director Harrison Pittman. “WOTUS is one of the most significant issues. Water law greatly impacts the West, which in turn impacts agriculture across the country. We’re looking forward to Tess’s informative session.”
For further details on the Clean Water Act, as well as the various state laws and regulations regarding wetlands, visit the NALC’s States’ Wetlands Permitting Statutes resource at http://nationalaglawcenter.org/state-compilations/wetlands-permitting.
For information about the NALC, visit nationalaglawcenter.org. The NALC is also on X, Facebook and LinkedIn. Subscribe online to receive NALC Communications, including webinar announcements, the NALC’s Quarterly Newsletter, and The Feed.
About the National Agricultural Law Center
Created by Congress in 1987, the National Agricultural Law Center serves as the nation’s leading source of agricultural and food law research and information. The NALC works with producers, agribusinesses, state and federal policymakers, lenders, Congressional staffers, attorneys, land grant universities, students, and many others to provide objective, nonpartisan agricultural and food law research and information to the nation’s agricultural community.
The NALC is a unit of the University of Arkansas System Division of Agriculture and works in close partnership with the USDA Agricultural Research Service, National Agricultural Library.
About the NASDA Foundation
The NASDA Foundation is the only educational and research organization that directly serves the nation’s state departments of agriculture. It is a 501(c)(3) nonprofit organization. The mission of the NASDA Foundation is to advance agriculture to shape a changing world.
For more information on the NASDA Foundation, visit nasda.org/nasda-foundation. The NASDA Foundation is also on X, Facebook, and LinkedIn.
About the Division of Agriculture
The University of Arkansas System Division of Agriculture’s mission is to strengthen agriculture, communities, and families by connecting trusted research to the adoption of best practices. Through the Agricultural Experiment Station and the Cooperative Extension Service, the Division of Agriculture conducts research and extension work within the nation’s historic land grant education system.
The Division of Agriculture is one of 20 entities within the University of Arkansas System. It has offices in all 75 counties in Arkansas and faculty on three campuses.
The University of Arkansas System Division of Agriculture offers all its Extension and Research programs to all eligible persons without regard to race, color, sex, gender identity, sexual orientation, national origin, religion, age, disability, marital or veteran status, genetic information, or any other legally protected status, and is an Affirmative Action/Equal Opportunity Employer.
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Media contact:
Drew Viguet
Communications & Special Projects Coordinator
National Agricultural Law Center
dviguet@uark.edu