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Recent Development With the Clean Water Act

Understand the evolution of the Clean Water Act, its success, and how it has evolved to expand coverage over wet weather and emerging contaminants.

The 1972 amendment to the Clean Water Act defined navigable waters as waters of the United States (commonly referred to as WOTUS) and subject to federal Clean Water Act jurisdiction, but left the definition of what falls under WOTUS under the discretion of the EPA and U.S. Army Corps of Engineers. Since then, the Agencies have struggled to address waters that were not clearly in or out of their WOTUS definitions. Litigation followed, with several landmark Supreme Court cases in which the Court has interpreted definitions for WOTUS and the Agencies' jurisdictional authority. Both the Obama and Trump Administrations have also attempted to resolve and clarify federal authority through competing rulemakings that resulted in more litigation. Today, many federal and state regulators, let alone regulated parties, are still confused regarding jurisdictional reach. In this material, Barnes & Thornburg attorneys will trace the key developments associated with defining federal jurisdiction under the Clean Water Act, explain the current definition, and assess immediate prospects for the new Administration. The presenters will also discuss other new developments affecting federal jurisdiction, including the Supreme Court's Maui decision impacting regulation of discharges to groundwater, and explain federal vs. state responsibilities and concepts of federalism.

Runtime: 87 minutes
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Over 34 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

New Navigable Waters Protection Rule

  • Supreme Court Legal History
  • 2015 Rule Recap and Trump Process to Undo That Rule
  • New Rule Overview and Description of Key Aspects
  • Litigation Status of New Rule and Its Future Under Biden Administration?

Maui Supreme Court Decision

  • History of Clean Water Act Permitting for Discharges to Groundwater
  • Maui Case History Leading up to Supreme Court Decision
  • What the Supreme Court Decided
  • Implications From That Decision and Subsequent Court Decisions

Stormwater Clean Water Act Permitting Developments

  • EPA's Revised Multi-Sector General Permit for Industrial Stormwater Discharges
  • Updates on Developments in EPA's Municipal Stormwater Permitting Program
  • Updates on EPA's Construction Stormwater Permitting Program

Revisions to State 401 Certifications Associated With Federal Clean Water Act Permits

  • Relevant History of Federal - State Clean Water Act Permitting Coordination
  • Case History of Issues/Concerns Regarding Federalism and Permitting Delays
  • New Trump Rulemaking Changing the 401 Certification Process
  • Implications and Future Outlook Under Biden Administration

Clean Water Act Tools for Managing Emerging Contaminants (PFAS)

  • EPA PFAS Action Plan
  • December 2020 EPA Office of Water Guidance on PFAS and NPDES Permitting
  • Clean Water Act PFAS Issues Looking Forward
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Why Lorman?

Over 34 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

MP3 Download

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • HI CLE 1.5
     
  • ME CLE 1.5
     
  • NJ CLE 1.8
     
  • VT 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.

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 February 9, 2021.

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

  • 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 1.4
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.4 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 1.25
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.25 CLE credit hours.
     
  • IL CLE 1.25
     
  • This course was approved for a total of 1.25 hours of MCLE Credit by the Illinois MCLE Board.
     
  • ME CLE 1.0
     
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.0 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 1.4
     
  • 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: 86 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.
     
  • PA CLE 1.0
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 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.
     
  • AK ENG 1.0
     
  • This Ondemand program is applicable for professional development hours through the Alaska State Board of Registration for Architects, Engineers and Land Surveyors. Professional development hours: 1.0. *Please check the rules and requirements in your state for compliance.
     
  • AL ENG
     
  • This Ondemand program is applicable for professional development hours through the Alabama Board of Licensure for Professional Engineers and Professional Land Surveyors.* *Please check the rules and requirements in your state for compliance.
     
  • AR ENG
     
  • This Ondemand program is applicable for 1.4 professional development hours.* *Please check the rules and requirements in your state for compliance.
     
  • FL ENG 1.7
     
  • This course has been approved for 1.7 PDH by the Florida Board of Professional Engineers in the Areas of Practice.
     
  • GA ENG
     
  • This Ondemand program is applicable through the Georgia State Board of Registration for Professional Engineers.for 1.4 professional development hours.* *Please check the rules and requirements in your state for compliance.
     
  • IA ENG
     
  • This Ondemand program is applicable for professional development hours for engineers. Please refer to Chapter 3, 193C IAC.*
     
  • ID ENG 1.5
     
  • This Ondemand program is applicable for 1.5 professional development hours through the Idaho Board of Professional Engineers and Professional Land Surveyors.* *Please check the rules and requirements in your state for compliance.
     
  • IL ENG 1.5
     
  • This program is applicable for 1.5 professional development hours through the Illinois Society for Professional Engineers.* *Please check the rules and regulations in your state for compliance.
     
  • IN ENG 1.7
     
  • This Ondemand program is applicable for 1.7 professional development hours through the Indiana State Board for Professional Engineers.* *Please check the rules and requirements in your state for compliance.
     
  • KS ENG 1.0
     
  • This program is applicable for 1.0 professional development hours for engineers.* *Please check the rules and regulations in your state for compliance.
     
  • KY ENG 1.4
     
  • This Ondemand program is applicable for 1.4 professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     
  • LA ENG
     
  • The Louisiana Professional Engineering and Land Surveying Board (LAPELS) no longer approves providers or courses. Lorman Business Center, LLC. feels that this course is worth 1.5 PDH(s). According to LAPELS' rules, It will be the responsibility of the licensee to determine if a Course/Activity offered by an unapproved sponsor/provider is an Acceptable Activity.
     
  • MD ENG 1.0
     
  • Lorman Business Center, LLC. is a board approved sponsor with the Maryland Board of Professional Engineers. This course qualifies for 1.0 professional development hours.
     
  • ME ENG 1.0
     
  • This ondemand program is applicable for a maximum of 1.0 hours toward the annual PDH requirement. Please note: The State of Maine Professional Engineers Registration Board does not pre-approve courses for professional development credit.* *Please check the rules and requirements in your state for compliance.
     
  • MN ENG 1.0
     
  • This course is applicable for a maximum of 1.0 hours toward the PDH requirement for engineers. Please note: The Minnesota State Board of Registration for Engineers has final authority on the acceptance of individual courses.
     
  • MO ENG 1.5
     
  • This ondemand course is applicable for 1.5 professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     
  • MS ENG
     
  • This ondemand course is applicable for professional development hours through the Mississippi State Board of Registration for Professional Engineers.* *Please check the rules and requirements in your state for compliance.
     
  • MT ENG 1.0
     
  • This ondemand course is applicable for 1.0 professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     
  • NC ENG 1.5
     
  • Lorman Business Center, Inc. is an approved sponsor of the North Carolina State Board of Examiners for Engineers and Surveyors. This course qualifies for 1.5 professional development hours for engineers.
     
  • ND ENG 1.5
     
  • Lorman Education Services is an approved provider through the North Dakota State Board of Registration for Engineers and Land Surveyors. This seminar qualifies for 1.5 of continuing professional competence for engineers.
     
  • NE ENG
     
  • This course is applicable for professional development hours for engineers if the course is continuing engineering education for you..* *Please check the rules and requirements in your state for compliance.
     
  • NH ENG 1.0
     
  • This course is applicable for 1.0 professional development hours for engineers.* *Please check the rules and requirements in your state for compliance. The New Hampshire Board of Engineers has final authority on granting approval.
     
  • NJ ENG 1.0
     
  • Lorman Business Center, LLC. is authorized as a provider to offer courses through the New Jersey Board of Professional Engineers. This course is applicable for 1.0 CPC credits for engineers. * *Please check the NJ State rules and requirements for compliance.
     
  • NM ENG 1.5
     
  • This course is applicable for 1.5 professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     
  • NV ENG 1.0
     
  • This course is applicable for 1.0 professional development hours through the Nevada State Board of Engineering and Land Surveyors.* *Please check the rules and requirements in your state for compliance.
     
  • OH ENG
     
  • This ondemand course is applicable for continuing education credit for engineers through the Ohio State Board of Licensure for Professional Engineers provided it is a relevant managerial, ethical or technical topic relevant to the practice of engineering or surveying.* *Please check the rules and requirements in your state for compliance
     
  • OK ENG
     
  • This course is applicable for professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     
  • OR ENG
     
  • This course is applicable toward engineering continuing education hours in Oregon, please refer to your rules and laws.
     
  • PA ENG 1.7
     
  • This program is applicable for 1.7 PDHs for engineers through the Pennsylvania State Board of Professional Engineers, Land Surveyors and Geologists.* *Please check the rules and requirements in your state for compliance.
     
  • SC ENG 1.0
     
  • This course is applicable for 1.0 hours toward the PDH requirement for engineers through the South Carolina Board of Registration for Professional Engineers.* *Please check the rules and requirements in your state for compliance.
     
  • SD ENG
     
  • This course is applicable for professional development hours for engineers in South Dakota.* *Please check the rules and requirements in your state for compliance.
     
  • TN ENG
     
  • This course is applicable for professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     
  • TX ENG
     
  • This Ondemand course is applicable for professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     
  • UT ENG
     
  • This course is applicable for professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     
  • VA ENG 1.5
     
  • This program is applicable for 1.5 hours of continuing education through the Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects (APELSCIDLA BOARD).* *Please check the rules and requirements in your state for compliance.
     
  • VT ENG
     
  • This course is applicable for professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     
  • WI ENG 1.5
     
  • This course is applicable for a maximum of 1.5 hours toward the PDH requirement for engineers.* *The Wisconsin Engineer Section has final authority on the acceptance of individual courses and providers.
     
  • WV ENG 1.0
     
  • This course is applicable for 1.0 professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     
  • WY ENG 1.7
     
  • This course is applicable for 1.7 professional development hours for Wyoming engineers.* *Please check the rules and requirements in your state for compliance.
     

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.

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Why Lorman?

Over 34 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

Alexander Bandza

Alexander Bandza

Barnes & Thornburg LLP

  • Of counsel with Barnes & Thornburg LLP
  • Defends toxic tort and wrongful death claims arising out of alleged environmental and workplace exposures, as well as CERCLA, RCRA, and other environmental and common law claims arising out of alleged environmental contamination; he also counsels clients on environmental permitting obligations and, in the context of corporate transactions, environmental, health, and safety issues
  • Before entering law school, he worked with Exponent, Inc., a scientific consulting firm, where he conducted economic and statistical analyses in support of expert witnesses in economics, statistics, epidemiology, and toxicology
  • Speaks to bar and industry associations on environmental and energy topics
  • Written a number of publications - https://btlaw.com/people/alexander-bandza#?section=publications
  • Memberships include vice chair of membership, former chair and former vice chair of electronic communications; American Bar Association Section of Environment, Energy and Resources’ Constitutional Law Committee; vice chair of membership, American Bar Association Section of Environment, Energy and Resources’ Science and Technology Committee; founding member and board secretary, The Associates Committee (California NFP); board member, Young Professionals in Energy (Chicago) Board; board member, Legal Council for Health Justice Board; and co-chair, Berkeley Law Alumni Group-Chicago
  • J.D. degree, University of California, Berkeley School of Law; B.A. in economics, interdisciplinary honors in environmental science, technology and policy, Stanford University
  • Can be contact at 312-214-5633 or [email protected]
Jeffrey S. Longsworth

Jeffrey S. Longsworth

Barnes & Thornburg LLP

  • Partner with Barnes & Thornburg LLP
  • Serves as special environmental counsel to numerous national trade associations, Fortune 500 companies, industries, coalitions, airports, state and municipal government agencies, and other regulated parties before federal and state regulatory and enforcement authorities; he works closely within the federal rulemaking process with the U.S. Environmental Protection Agency, Department of Energy, Small Business Administration, and White House Office of Management and Budget, among others; he also advises clients and the firm’s legislative team on environmental issues arising under federal and state legislation
  • Focuses his practice at the cutting-edge of Clean Water Act (CWA) issues and its application to regulated entities across the country; after decades of practical experience in this specific and complex area of the law, he has seen, experienced and resolved the critical challenges his clients and their constituents face from both the individual business and industrywide perspectives; he has a specific focus on industrial, construction, and municipal stormwater permitting, enforcement defense, and litigation, as well as extensive experience addressing emerging contaminants such as PFAS
  • Teaches numerous courses for continuing legal education and environmental compliance strategies
  • Regularly authors articles for trade publications, client alerts, and blogs - https://btlaw.com/en/people/jeffrey-longsworth#?section=insights-and-events
  • Member of various national and state bar associations; he also was appointed to EPA’s Wet Weather Flows Federal Advisory Committee and has been selected as a small entity representative in numerous Small Business Regulatory Enforcement Fairness Act regulatory review panels administered by the White House Office of Management and Budget
  • J.D. degree, Catholic University of America; Amherst College
  • Can be contacted at 202-408-6918, 301-807-9685 or [email protected]
Jessica Reiss

Jessica Reiss

Barnes & Thornburg LLP

  • Associate with Barnes & Thornburg LLP
  • Practice emphasizes environmental regulatory compliance, remediation, and administrative adjudication of environmental appeals
  • Worked in the environmental field for over 15 years and from almost every angle; she began her career as the regulated, managing environmental, health, and safety at manufacturing facilities; prior to joining Barnes & Thornburg LLP, she was an attorney for the regulator, the Indiana Department of Environmental Management; in between those experiences, she has been an environmental consultant and a researcher; and now in private practice at Barnes & Thornburg LLP, she draws from those diverse experiences to advise her clients on an array of topics in environmental law
  • Taught several semesters as an adjunct professor at the Indiana University School of Public and Environmental Affairs in Indianapolis; her courses covered sustainability and environmental law; she has presented Continuing Legal Education courses to IDEM, the Indiana Office of the Attorney General, and the Indiana Chamber of Commerce; as an EHS manager and an environmental consultant, she developed and presented training topics regularly and on a wide range of environmental topics
  • Publications include M. Granger Morgan, et. al., Carbon Capture and Sequestration: Removing the Legal and Regulatory Barriers (2012)
  • J.D. degree, magna cum laude, Vermont Law School; master’s degree in environmental law and policy, magna cum laude, Vermont Law School; B.A. degree in public relations, Ball State University
  • Can be contacted at 317-231-7311 or [email protected]
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Product ID: 407707
Published 2021
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