September 21: Sackett v. Environmental Protection Agency and the Future of Clean Water Act Jurisdiction

The Clean Water Act prohibits the discharge of pollutants into "waters of the United States" without a permit, but what are the boundaries of "waters of the United States"? This question has vexed federal regulatory enforcement since the earliest days of the CWA and has reached the Supreme Court for the fourth time.

This fall, in Sackett v. EPA, the Supreme Court will consider whether the EPA's definition of waters of the United States is too broad, and whether courts have been too deferential to the agency's assertion of regulatory authority. This webinar will examine the legal issues at play in Sackett, and the potential consequences for environmental law, water pollution control and environmental conservation.

Title:
Sackett v. Environmental Protection Agency and the Future of Clean Water Act Jurisdiction
Webinar Date+Time:
Wednesday, September 21, 2022
4:30 PM - 5:30 PM Eastern Time
Register Now For This Free Continuing Legal Education Webinar!
Speakers:

• Jonathan H. Adler is the inaugural Johan Verheij Memorial Professor of Law and the founding Director of the Coleman P. Burke Center for Environmental Law at the Case Western Reserve University School of Law, where he teaches courses in environmental, administrative and constitutional law. Professor Adler is the author or editor of seven books, including Marijuana Federalism: Uncle Sam and Mary Jane (Brookings Institution Press, 2020), Business and the Roberts Court (Oxford University Press, 2016) and Rebuilding the Ark: New Perspectives on Endangered Species Act Reform (AEI Press, 2011). His articles have appeared in publications ranging from the Harvard Environmental Law Review and Yale Journal on Regulation to the Wall Street Journal and New York Times. He has testified before Congress a dozen times, and his work has been cited in the U.S. Supreme Court. A 2021 study identified Professor Adler as the fifth most cited legal academic in administrative and environmental law from 2016 to 2020. Professor Adler is a contributing editor to National Review Online and a regular contributor to the popular legal blog, The Volokh Conspiracy. A regular commentator on constitutional and regulatory issues, he has appeared on numerous radio and television programs, ranging from the PBS Newshour and National Public Radio to the Fox News Channel and Entertainment Tonight. Professor Adler is also a senior fellow at the Property & Environment Research Center in Bozeman, Montana. Prior to joining the faculty at Case Western Reserve, Adler clerked for the Honorable David B. Sentelle on the U.S. Court of Appeals for the District of Columbia Circuit. From 1991 to 2000, Adler worked at the Competitive Enterprise Institute, a free market research and advocacy group in Washington, D.C., where he directed CEI's environmental studies program.
• Jonathan Wood is vice president of law and policy at PERC—the Property and Environment Research Center. An attorney, he has litigated environmental and property-rights cases in the Supreme Court of the United States, federal and state appellate courts, and trial courts across the country. His writing has appeared in the Wall Street Journal, Washington Post, National Review, Reason, and other outlets. And his research has been published in journals such as Environmental Law Reporter, Yale Journal on Regulation Notice & Comment, Pace Environmental Law Review and California Western Law Review. Prior to coming to PERC, Wood was a senior attorney at Pacific Legal Foundation, where he litigated cases concerning the Endangered Species Act, Clean Water Act and other federal environmental laws. He was co-counsel for forest landowners in Weyerhaeuser Co. v. U.S. Fish and Wildlife Service, in which the Supreme Court ruled unanimously that private land could not be arbitrarily regulated as critical habitat under the ESA. He also led a successful effort to reform regulation of threatened species to better align the incentives of private landowners with the interests of rare species. Wood is on the executive committee for the Federalist Society’s Environmental Law and Property Rights Practice Group and a steering committee member for the Environmental Law Institute’s Emerging Leaders Initiative.
• Cassie Marlantes Rahm has worked on cases in federal and state court involving stormwater pollution, pesticide regulation, the definition of "waters of the United States" under the Clean Water Act, and other critical issues. She has advocated on behalf of Natural Resources Defense Council (NRDC) at every level of the federal court system, including in two cases that reached the Supreme Court of the United States. Prior to joining NRDC, Rahm was a litigation associate at WilmerHale and clerked for Judge Pierre N. Leval on the U.S. Court of Appeals for the Second Circuit. She is based in NRDC's New York City office, where she manages the New York branch of the Litigation Team.

By:
Case Western Reserve University School of Law
Credit:

• Ohio: 1 hour of CLE credit has been approved
• Other Jurisdictions: You may be able to self-apply to your credit-granting authority.

Cost:
Free and open to the public.

More Information And Registration