NALC’s Rollins to discuss impact of Sackett ruling on WOTUS in next installment of webinar series
The ruling in Sackett v. EPA removed a number of water bodies from regulation under the Clean Water Act. Following the ruling, EPA brought its definition of WOTUS more in line with the decision in Sackett.
By Tru Joi Curtis
National Agricultural Law Center
U of A System Division of Agriculture
Nov. 1, 2023
Fast facts:
- Rollins to discuss the impact of the Sackett decision during Nov. 15 webinar.
- Registration is online.
(480 words)
Download related photo of Rollins
FAYETTEVILLE, Ark. — How redefining a single word in the “waters of the U.S.” rule
might affect agriculture and what states are doing in reaction to the new WOTUS rule
are among the topics being discussed in the next National Agriculture Law Center webinar,
presented by Staff Attorney Brigit Rollins.
The new WOTUS rule reduces the number of waters and wetlands that would require a
permit for point source pollution or dredge and fill activity by redefining “adjacent.”
The Environmental Protection Agency issued the new rule in the wake of the Supreme
Court’s May 25 ruling in Sackett v. EPA. EPA has stated that it will be interpreting the Clean Water Act term “waters of
the United States” in a way that is consistent with the Supreme Court’s ruling.
Narrowing the definition
The new WOTUS rule removes many water bodies from regulation under the Clean Water
Act, by narrowing the definition to include open, flowing bodies of water, as well
as wetlands that share continuous surface connection with those bodies of water.
Prior to the Sackett decision, WOTUS defined “adjacent” as “bordering, contiguous, or neighboring.” In
the updated rule, “adjacent” has been redefined as “having a continuous surface connection,”
bringing it in line with the Sackett decision.
Rollins’ discussion is the third in her series on WOTUS. The “What’s Up with WOTUS:
Post-Sackett and Beyond,” webinar will be held Wednesday, Nov. 15, at 11 a.m. Central/noon Eastern.
“The effects of EPA’s WOTUS decision will definitely be felt by ag producers,” Rollins
said. “The narrowing of the WOTUS definition will reduce the number of permits that
ag landowners and producers might have to seek out.”
The webinar is free of charge and registration is online.
“WOTUS is an ever-changing topic with new updates constantly,” Rollins said. “I am
looking forward to helping everyone understand the impact of the Sackett ruling and what it means for the future of the WOTUS definition.”
The information for the first installment in Rollins’ series, “What’s Up with WOTUS:
An Overview of ‘Waters of the United States’ and Why it Matters to Agriculture,” can
be found online.
Information for the second installment, “What’s Up with WOTUS: A Look at the Current
WOTUS Definition and recent Supreme Court Decision,” can also be found online.
“The Sackett ruling has had various rippling effects throughout the United States, so this information
is extremely important,” NALC Director Harrison Pittman said. “Brigit’s expertise
in this area has made these webinars informational and beneficial, so we are looking
forward to the insight she will share during the presentation.”
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About the National Agricultural Law Center
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, state and federal
policymakers, Congressional staffers, attorneys, land grant universities, 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 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. The Division of Agriculture conducts research and extension work
within the nation’s historic land grant education system through the Agricultural
Experiment Station and the Cooperative Extension Service.
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 five system campuses.
The University of Arkansas System Division of Agriculture is an equal opportunity/equal
access/affirmative action institution. If you require a reasonable accommodation to
participate or need materials in another format, please contact dviguet@uark.edu as
soon as possible. Dial 711 for Arkansas Relay.
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Media contact:
Drew Viguet
Communications & Special Projects Coordinator
National Agricultural Law Center
dviguet@uark.edu