“Waters of the United States” and the Future of Wetlands Protection
Federal jurisdiction over wetlands was muddied by the U.S. Supreme Court’s 2006 decision in Rapanos v. United States, a fractured 4-1-4 ruling with no clear majority. The Trump Administration is relying on Justice Scalia’s plurality opinion as the basis for amending the regulatory “waters of the United States” (WOTUS) definition, which could remove federal protections for many wetlands currently regulated under the Clean Water Act. States and localities are struggling with how to update and clarify their own wetland-related regulations in light of these everevolving developments. On May 7, 2019, ELI hosted an expert panel that explored the implications of Rapanos and the proposed new WOTUS rule for the future of wetlands. This Dialogue presents a transcript of the discussion, which has been edited for style, clarity, and space considerations.