Webinar Invitation: The Evolving Waters of the United States (WOTUS) Rule

News & Events

January 11, 2021


Thursday, January 14 • 1-2 p.m. (EST)


The Evolving Waters of the United States (WOTUS) Rule

Unraveling Complexity to Determine Clean Water Act Jurisdiction and What it Means for Your Site


Clean Water Act (CWA) rules issued by the United States Environmental Protection Agency (US EPA) and determinations by the US Supreme Court in 2020 are expected to have impacts on a wide range of industries.


The 2020 rules and determinations updated the interpreted scope of the CWA and the definition of Waters of the United States (WOTUS). Many sites may contain regulated discharges that could impact historical or existing hydrological features, either through direct discharges or newly regulated indirect discharges, where the latter may introduce ambiguity to the existing scientific and legal frameworks. As a result, current and prospective property owners, stakeholders, and regulators need to understand how the new CWA and WOTUS features impact their properties.


Join Gradient and Latham & Watkins as we highlight the legal and technical complexities of the evolving WOTUS Rule.


John M. Kondziolka, M.S., Senior Environmental Engineer.  John will address technical considerations for potential CWA liabilities resulting from indirect discharges to WOTUS, as described in the recent County of Maui Supreme Court ruling and US EPA guidance.


Matthew J. Mayo, M.S., GISP, CPG, PG, GIS/Environmental Scientist.  Matt will discuss the tools and data available to help make jurisdictional determination and provide some practical examples of how sites can be evaluated with respect to the WOTUS Rule.


Peter R. Viola, is an associate in the Washington, DC, office of Latham & Watkins. Peter will provide an overview of the legal aspects of the WOTUS Rule and discuss the challenges faced with recent and possible future changes to the Rule. 

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