40th Environmental Permitting Summer School

Over the last decade, the definition of “Waters of the United States” has become one of the most frequently revised, litigated, and closely watched terms in federal environmental law. After years of regulatory whiplash, multiple presidential administrations, the Supreme Court’s decision in Sackett v. EPA, and continuing federal court challenges, EPA and the U.S. Army Corps of Engineers are once again redefining the scope of Clean Water Act jurisdiction. By mid-2026, practitioners are expected to be working under—or preparing to work under—a new WOTUS rule built around the Supreme Court’s “relatively permanent” and “continuous surface connection” standards. But as with every recent WOTUS definition, finality on paper may not mean certainty in the field. This course will bring together a former EPA General Counsel, a current EPA Regional Administrator, and a Florida environmental consultant with extensive Corps jurisdictional experience to discuss the latest legal, regulatory, and practical status of WOTUS. The panel will address what has changed, what remains unclear, how the new definition is being implemented, what litigation may mean for permit applicants, and how practitioners in Florida should approach jurisdictional determinations, wetlands, ditches, tributaries, adjacent wetlands, and project planning under the new regime. Come with your questions. Audience participation is encouraged!