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SEER Essentials: Waters of the United States - New Rule; Old Problem

Level: Advanced
Runtime: 93 minutes
Recorded Date: February 26, 2019
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Closed Caption


  • WOTUS Rule
  • Rapanos Revisited
  • Trump Administration on WOTUS
  • Covered Waters
  • Key Takeaways
  • Next Steps
  • The Hydrology of WOTUS
  • WOTUS on the ground
  • Stream Designations
  • The challenges of wetlands
  • CLEAN Water Act Review
  • Questions and Answers
Runtime: 1 hour and 33 minutes
Recorded: February 26, 2019


For decades, government agencies, the regulated community, and the courts have grappled with the uncertainty created by the statutory phrase of the "Waters of the United States" (WOTUS). Implementing the Clean Water Act actually depends on which surface waters are considered WOTUS. The EPA and the Army Corps of Engineers have recently proposed a new version of the definition of the WOTUS rule.

This program will present analyses of both the new rule and the legal significance of the changes proposed in the new rule. Our speakers will also provide illustrations of how the proposed changes would be applied in the field and what the rule means at ground level. Additionally, they will give examples of how the rule may impact various industries, including agriculture and land use.

This program was recorded on February 26th, 2019.

Provided By

American Bar Association
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Kari E. Fisher

Senior Counsel, Legal Division
California Farm Bureau Federation

Kari Fisher is an Associate Counsel at the California Farm Bureau Federation.

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Scott D. Warner

Ramboll Group

Scott Warner has more than 25 years of consulting experience in hydrogeology, design/assessment of groundwater remediation strategies, groundwater modeling and water resources. He has provided litigation support and expert witness services for cases involving hydro-geochemistry, groundwater remediation and remediation cost recovery, and has completed projects in North and South America, and Europe.

Scott has specific expertise in designing and assessing in situ groundwater remediation measures, including enhanced bioremediation, permeable reactive barriers (PRBs) and geochemical manipulation for chlorinated hydrocarbons, petroleum hydrocarbons, metals and radioactive constituents. He has authored or co-authored more than 50 publications on groundwater remediation, hydraulics and geochemistry for both peer-reviewed journals and conference proceedings, and currently serves as co-editor of an Oxford University Press book on dense non-aqueous-phase liquid (DNAPL) characterization and remediation. Scott was the co-developer/co-instructor of national and international courses for the Remediation Technology Development Forum (RTDF), USEPA and the Interstate Technology Regulatory Council (ITRC) on the design and use of PRBs. He has recently been elected President of the Bay Planning Coalition, a San Francisco Bay Area organization advocating balanced use and regulation of the San Francisco Bay and Delta resources.

Scott earned an MS in geology from Indiana University, and a BS in engineering geology from UCLA. He is a registered Professional Geologist, Certified Hydrogeologist and Certified Engineering Geologist in California.

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Steven T. Miano

Hangley Aronchick Segal Pudlin & Schiller

Steven T. Miano has been exclusively practicing environmental law for more than 25 years. His practice includes all facets of environmental law and litigation, including federal and state cases arising under the Clean Water Act, Superfund, brownfields redevelopment statutes, Hazardous Waste laws, the Clean Air Act, the Toxic Substances Control Act, and energy development.

His clients include large industrial corporations, commercial entities, municipalities, and not for profit organizations. Steve is the former Chair of the American Bar Association’s Section of Environment, Energy, and Resources, a bar association with more than 9,000 members nationwide and in numerous foreign countries

Before entering private practice, Steve was an Assistant Regional Counsel for the U.S. Environmental Protection Agency, Region III, Hazardous Waste Branch, where his practice focused on Superfund, hazardous waste laws and criminal enforcement. He is an adjunct professor at Rutgers University Law School – Camden, where he teaches courses on environmental law. He is a frequent lecturer and has written about environmental legal issues for a variety of publications. He also regularly serves as a course planner for regional and national environmental law programs.

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