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Join Braun Intertec and Fredrikson on June 28 for a discussion of the recent Sackett v. EPA Supreme Court decision.
In May 2023, the Supreme Court of the United States issued a decision in Sackett v. Environmental Protection Agency, 598 U.S. (2023), significantly contracting the jurisdictional reach of the federal Clean Water Act over wetlands. By holding that the Act, including its Section 404 permitting program, only applies to wetlands with a “continuous surface connection” to a navigable water, the court upended the contentious but relatively settled framework outlined in the court’s 2006 Rapanos decision.
In Sackett, the court rejected Justice Kennedy’s “significant nexus” test from Rapanos, immediately calling into question the validity of EPA’s and the Corps’ January 2023 definition of “Waters of the United States.” And by effectively removing millions of wetlands from federal jurisdiction, the court has shifted much of the responsibility for regulating wetlands to the states, which have widely divergent state wetland laws.
Land developers evaluating projects with wetland impacts now face remarkable uncertainty regarding the revised scope of the federal Section 404 permitting program, as well as how state wetland requirements apply in the absence of federal jurisdiction.
This webinar, presented by Braun Intertec and Fredrikson, featured a panel of leading wetland scientists and attorneys who discussed the core holding and rationale of the Sackett decision, the next steps for EPA and the Corps, and the real-world impacts for land developers in Upper Midwest states. Audience questions were also addressed.
- Delanie Breuer, Environmental Attorney, Officer, Fredrikson
- Jeremy Duehr, Environmental Attorney, Shareholder, Fredrikson
- Travis Fristed, Group Manager, Senior Scientist, Braun Intertec
- Jeremy Greenhouse, Environmental Attorney, Shareholder, Fredrikson
- Jeff Smith, Vice President, Environmental Compliance and Permitting, Braun Intertec
Live webcast participants should have received an email following the program with continuing education details.
This webcast is held using ON24. Read more about the minimum system requirements here. This webcast has closed captioning available.