Date: July 28, 2020
Time: 12:00—1:15 p.m.
Nixon Peabody attorney Sarah Lobe will present on the topic “Wading In Uncertainty: Confusion Continues In Wetland Regulation,” on a CLE webinar program sponsored by the New York State Bar Association.
Regulation of “navigable waters”, or “waters of the United States”, under the Clean Water Act changes with the tides. This program will provide historical perspective on “waters of the United States” and discuss the status of the new “Navigable Waters Protection Rule” (which may or may not be in effect on the date of this program). The discussion will then flow to the Supreme Court’s recent decision in County of Maui v. Hawai‘i Wildlife Fund which established a fluid test for when point source discharges of pollutants that become diffuse before reaching “waters of the United States” require a permit.