Drew Silton Speaks with Waste Dive on Potential New WOTUS Rule’s Impact on Waste Facilities

Principal and Co-Chair of B&D’s Water practice Drew Silton (Washington, DC) recently discussed the potential impacts on waste facility permits if the U.S. Environmental Protection Agency (EPA) redefines Waters of the United States (WOTUS) with Waste Dive. On March 24, 2025, the EPA and the U.S. Army Corps of Engineers (together, the Agencies) announced plans to engage stakeholders this spring in the Trump administration’s latest effort to pare back the definition of WOTUS under the Clean Water Act (CWA).

In “What a new ‘waters of the United States’ rule could mean for waste facilities,” Drew explained that the Trump administration’s recent actions mirror what the president did during his first term when he moved to restrict a version of the definition first promulgated under President Barack Obama. But the Sackett decision gives them a clearer legal framework from which to build.

“Sackett nailed down one question while changing the battlefield we’re going to keep playing on,” said Drew.

Drew added that it’s still unclear how the WOTUS definition will change following the rulemaking process, but early indications suggest operators in compliance with the rule will still be in compliance with whatever scaled-back definition comes next.

Drew maintains a practice spanning high-stakes litigation, enforcement, and regulatory counseling. He helps find solutions to pressing water pollution control and water quality problems. Drew led B&D’s team that secured a landmark victory in City & County of San Francisco v. EPA, 145 S. Ct. 704 (2025) in which the Supreme Court ruled that EPA and states lack authority under the Clean Water Act to impose permit terms that hold permittees responsible for the overall condition of their receiving waters. San Francisco is among the many critical cases Drew has brought in state and federal appellate courts to challenge agency and local government actions.