CEMS Hybrid Luncheon – Clean Water Act Update – Sackett and WOTUS Rule Status – August 8

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Clean Water Act Update – Sackett and WOTUS Rule Status

Andrea M. Bronson, Partner, Davis Graham & Stubbs LLP 

Tuesday, August 8, 2023, 11:45am-1pm

Hybrid Format – In person and virtual

CEMS has received one (1) general CLE credit for this presentation

Presentation NotesAdditional Document


This presentation will focus on the continuing efforts by federal agencies and the Supreme Court to define “Waters of the United States”, i.e.,WOTUS, which governs the scope of the waters that are regulated under the federal Clean Water Act. This definition is relevant to the scope of most Federal programs to protect water quality under the Clean Water Act, including water quality standards, permitting to address discharges of pollutants, including discharges of dredged or fill material, processes to address impaired waters, oil spill prevention, preparedness and response programs, and Tribal and State water quality certification programs. Practically speaking, the definition is most applied in the context of Section 404 dredge and fill permits. The presentation will briefly cover the history of the changing definitions of WOTUS over three presidential administrations and related court decisions and describe the EPA’s and Army Corps of Engineers’ most recent attempt to define WOTUS. It will then focus on the Supreme Court’s May 25, 2023 decision in Sackett v. EPA, the potential impact of that decision in the regulation of wetlands and other waters under the Clean Water Act, including future rulemakings, and questions left unresolved by the decision.

Andrea Bronson is a partner at Davis Graham & Stubbs LLP, where her practice focuses on water, natural resources, and environmental law and litigation. She has represented government entities, corporations, individuals, and other water users in water court and transactions, including water rights due diligence in property acquisitions. Her practice also involves advising clients and litigating in eminent domain matters involving the taking of easements and other interests in land needed for water projects.

Ms. Bronson’s practice also encompasses environmental litigation, permitting and regulatory compliance, and site cleanup. Ms. Bronson has assisted clients in matters involving the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Clean Water Act (CWA), and other federal and state environmental laws, and has litigated cases in state and federal courts relating to these matters.

Ms. Bronson has served on the Board of Directors for the Colorado Women’s Bar Association since 2020. She is also a member of the Colorado Bar Association where she served as member of the executive council for the Construction Law Section from 2013-2019. Additionally, she currently serves on the advisory board of the University of Denver College of Law Professional Mentoring Program. She is a participant in the 2023 Colorado General Counsel Mentorship Program. Ms. Bronson was named among the “Ones to Watch” in the area of Natural Resources Law (2021-2023) and Eminent Domain and Condemnation Law (2022-2023) by Best Lawyers, an annual guide by publisher Woodward/White Inc.

Prior to joining DGS, Ms. Bronson practiced at Denver-based firms where she focused on general civil and commercial litigation and water law. She also served as a law clerk to the Honorable Valerie P. Cooke of the U.S. District Court for the District of Nevada. Ms. Bronson is admitted to practice in Colorado and before the Tenth Circuit Court of Appeals.

Ms. Bronson graduated in the Order of St. Ives from the University of Denver College of Law, where she was managing editor of the Denver Journal of International Law and Policy. She earned her Bachelor of Arts from Colby College.

In Person Location: Davis Graham and Stubbs, LLP will be hosting CEMS on April 11, 2023. DGS is located at 1550 17th Street, Suite 500, Denver, CO 80202. Parking validation is not available.

Virtual Registration: Please use this Registration Link. After registering, you will receive a confirmation email containing detailed information about joining the webinar. If you lose your registration or confirmation, or have questions, please do not hesitate to contact CEMS via email admin@coems.org.

In Person Registration: Members may either bring their own lunch and attend the meeting for no charge, or they may request that CEMS order a box lunch for them. The cost of the box lunch for members is $18.00; for non-members, $21.00.  PLEASE give your name, company name and phone number via email to admin@coems.org. PLEASE INDICATE IF YOU ARE RESERVING A BOX LUNCH OR BRINGING YOUR OWN. Reservations must be received BEFORE Friday, August 4, 2023 at 5:00PM. Payment will be accepted at the door with prior reservation. Please cancel your reservation by Friday, August 4, 2023 if you are unable to attend. It is the policy of the Society to bill for meals reserved but unclaimed.Box lunch registration is closed.  For BYO box lunch reservations email admin@coems.org.

Sponsorship: CEMS accepts sponsorships to defer expenses associated with its webinar series. Information about sponsorship can be found here: Sponsorship Program

Notice: CEMS would like to thank Davis Graham & Stubbs, LLP for the use of meeting space and would like to emphasize that the use of Davis Graham & Stubbs, LLP space does not constitute endorsement of CEMS, sponsors of CEMS functions, or the content of CEMS workshops or meetings.

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