Presentation Description: The definition of Waters of the United States (WOTUS) under the Clean Water Act has been revised numerous times over the years, including the 2023 United States Supreme Court Decision in the Sackett v. EPA case, which has implications on the Nationwide Permitting process. Due to these changes at the federal level, many state wetland regulatory programs do not closely align with federal jurisdiction, thus introducing potential challenges in siting projects within or proximate to federal and/or state jurisdictional wetlands. This presentation will provide a brief overview of the history of the federal definition of WOTUS, the current definition of WOTUS, and the differences between the new federal definition of WOTUS and select state definitions. To further identify and define potential siting challenges, the presentation will provide examples of common construction-related activities and whether federal, state or both regulatory programs apply. Specific case studies will be referenced from New York under the Office of Renewable Energy Siting (ORES) and from Pennsylvania under the Pennsylvania Department of Environmental Protection (PADEP) to demonstrate siting challenges across varying federal/state regulatory programs.
