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Jun 15

The Clean Water Act and WOTUS: After U.S. Army Corps of Engineers v. Hawkes

Co-hosted by the Pacific Legal Foundation

On May 31, 2016, the U.S. Supreme Court issued a unanimous ruling ensuring that landowners have meaningful access to court in order to challenge the federal government’s claims of Clean Water Act (CWA) jurisdiction to regulate their property. This is a major victory for property rights and basic notions of fairness. This panel will discuss the Hawkes decision and the concurring opinions of the justices, including whether they might provide insight into the fate of the controversial “waters of the United States” rule that attempts to regulate almost all waters and much land in America. The panelists also will discuss some of the fundamental flaws with the CWA, from vagueness to troubling process problems. Finally, the panel will discuss what actions Congress should take to address these flaws in the CWA.

More About the Speakers

Todd F. Gaziano
DC Center Executive Director, Pacific Legal Foundation and Co-counsel for Hawkes Co. in the Supreme Court

Paul J. Larkin, Jr.
Senior Legal Research Fellow, Edwin Meese III Center for Legal and Judicial Studies, The Heritage Foundation

Deidre Duncan
Partner, Hunton & Williams LLP, Counsel to the Waters Advocacy Coalition

Hosted By

Daren Bakst Daren Bakst

Research Fellow in Agricultural Policy Read More