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USEPA Definition of Waters of the United States (WOTUS)

Understand the current legal and regulatory requirements under the Clean Water Act.

The scope of the EPA and the Corps of Engineer's reach under the Clean Water Act has been in constant flux over the last decade, with a myriad of court cases, rule makings, and guidance. How do you tell if a waterbody, stream or ditch is regulated? What regulation will ultimately survive attack in the court? Several leading environmental attorneys with extensive experience with Clean Water Act cases around the country will together provide their guidance on the state of play of WOTUS. This topic is intended to get you caught up on the most recent rule promulgations by EPA and the Corps in December 2019 and January 2020, and help you predict how these new regulations may impact your existing wetlands, NPDES, storm water, SPCC plans and permits under the Clean Water Act may be impacted.

Runtime: 92 minutes
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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Background of the Definition of WOTUS Under the CWA

  • Brief History of the Federal Clean Water Act
  • Rapanos
  • Rapanos Guidance
  • The Clean Water (Obama) Rule
  • Litigation Over the Obama Rule

Current State of Affairs

  • The Repeal Rule (December 23, 2019)
  • The Navigable Waters Protection Rule (NWPR), January 23, 2020

What Is Next?

  • Litigation
  • Impact of the NWPR Rule in Wetlands Cases
  • Impact of the NWPR in Other Clean Water Act Issues - Storm Water, NPDES, SPCC
  • Enforcement
  • The Next Administration
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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on June 26, 2020.

Call 1-866-352-9540 for further credit information.

  • AICP 1.5 including Law 1.5
     
  • This course has been approved by the American Planning Association for 1.5 hours of CM credit for AICP members. Additionally, this course has been approved for 1.5 hours of Law Credit.
     
  • AK CLE 1.5
     
  • Alaska attorneys may receive 1.5 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
     
  • AL CLE 1.5
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours credit.
     
  • AR CLE 1.5
     
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
     
  • Arizona CLE 1.5
     
  • The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.5
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • HI CLE 1.5
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours.
     
  • IL CLE 1.5
     
  • This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
     
  • ME CLE 1.5
     
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.5 hours of CLE credit under M. Bar R. 12.
     
  • ND CLE 1.5
     
  • North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.5 hours of CLE credit.
     
  • NH MCLE 1.5
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 92 Minutes.
     
  • NJ CLE 1.8
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit.
     
  • NV CLE 1.5
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours.
     
  • NY CLE 1.5 including Areas of Professional Practice 1.5
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Areas of Professional Practice for 1.50 hours. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Business Center, LLC. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • PA CLE 1.5
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.5
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
     
  • VT CLE 1.5
     
  • This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hour(s) of CLE credit. Please note: Attorneys may only claim 6 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
     
  • WI CLE 1.5
     
  • This program qualifies for 1.5 hour(s) of ondemand CLE through the WI Board of Bar Examiners.
     
  • WV MCLE 1.8
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
     
The CLE Code is ONLY a requirement when applying for CLE Credit in New York. Other states do not need to supply the CLE Code to apply for CLE credit.

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • HI CLE 1.5
     
  • ME CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • NY CLE 1.5 including Areas of Professional Practice 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

John L. Fortuna, Esq.

John L. Fortuna, Esq.

King & Spalding

  • Counsel on the Environmental Health & Safety team at King & Spalding with a national environmental law practice
  • Represents clients in complex environmental matters in federal and state court, as well as state administrative proceedings
  • Has substantial experience permitting and defending water rights and water supply projects for municipal and industrial clients, and in the defense of government enforcement actions and citizen suits under both the Clean Water Act and the Clean Air Act
  • Frequently litigates cases and advises clients on Endangered Species Act and National Environmental Policy Act issues; he has been recognized as a Super Lawyers “Rising Star” for his work in environmental and natural resources litigation
  • J.D. degree, magna cum laude and order of the coif, University of Georgia; B.S. degree, cum laude, Wake Forest University
Adam G. Sowatzka, Esq.

Adam G. Sowatzka, Esq.

King & Spalding

  • Partner on the Environmental Health & Safety team at King & Spalding with a national environmental law practice
  • Extensive experience managing and defending environmental enforcement actions, including Clean Water Act, wetlands, storm water, NPDES, pretreatment, etc.; hazardous waste; air; EPCRA; and CERCLA cases
  • Counsel for Fortune 100 companies in managing environmental crises, such as regulatory crisis, emerging contaminants such as perfluorinated chemicals, and environmental crisis such as catastrophic explosions, fires, releases, and spills
  • Recognized by Chambers USA, Best Lawyers, and Georgia Super Lawyers as a leading practitioner in environmental compliance and related litigation
  • Former associate regional counsel with the Environmental Protection Agency and recipient of three Bronze Medals for Commendable Service from the U.S. EPA Office of Enforcement and Compliance Assurance
  • J.D. degree, cum laude, Vermont Law School; M.S.E.L. degree, magna cum laude, Vermont Law School; B.S. degree, cum laude, political science (with distinction) and environmental policy and planning, University of Wisconsin - Green Bay
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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 405172
Published 2020
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