Mid-Atlantic Planning Collaboration: Implications of Recent Clean Water Act Decision on Land Use Planning

In May, 2023, the United States Supreme Court decided Sackett v. Environmental Protection Agency. The Court’s ruling reduces the number of wetlands subject to the provisions of the Clean Water Act, while likely providing some more clarity as to covered wetlands. A 2020 decision of the Court, County of Maui v. Hawaii Wildlife Fund, however, increased the number of discharges required to obtain a National Pollution Discharge Elimination System (NPDES) permit. This webinar discusses both of these rulings, the connections between them, and the implications for land use planning. The presenter discusses state and local actions that may mitigate the negative consequences of the Sackett ruling. Different approaches to local land use regulations that can fill the gaps to protect clean water will be discussed.

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