State Protection of Nonfederal Waters

What happens when federal regulatory changes to the CWA framework result in regulatory “gaps” for the states to resolve? Jim McElfish, a Senior Attorney and Director of ELI’s Sustainable Use of Land program, explains the challenges of water regulation when federal protections are taken away. Jim also offers his thoughts on what may happen if the U.S. Supreme Court’s impending decision in Sackett v. Environmental Protection Agency results in a rollback in what qualifies as WOTUS.  Listeners hungry for more information on this important topic are encouraged to read Jim’s article from the September 2022 issue of ELR—The Environmental Law Reporter, available for free download here. 

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