Erika Spanton Discusses Newly Proposed WOTUS Rule with Law360
Principal Erika Spanton (Seattle), co-leader of B&D’s Water practice, spoke with Law360 about the Trump administration’s newly proposed “waters of the United States” (WOTUS) rule and the legal and practical implications it may carry for developers, regulated entities, and agencies implementing the Clean Water Act.
In “Trump Admin’s WOTUS Redo May Spark Fights Despite Clarity Goals,” Erika noted that although the administration has framed the proposal as a straightforward implementation of the Supreme Court’s 2023 decision in Sackett v. EPA, several elements—such as newly crafted regulatory definitions and narrowed interpretations of federal jurisdiction—could draw legal challenges. These aspects, she explained, “could invite litigation.”.
Erika also expressed skepticism that the proposal would deliver on the agencies’ promise of sweeping clarity. “The thematic promise that this rule will bring resounding clarity without the need for attorneys to help interpret specific application of the rule to specific cases sounds wonderful, but I’m skeptical that that is going to be the impact,” she said. Given how “inherently challenging” and “site-specific” WOTUS determinations are, she explained that the rule may not fully resolve the uncertainties that have long complicated Clean Water Act jurisdiction.
Looking ahead, Erika emphasized that while WOTUS litigation and regulatory shifts will unlikely end with this proposal, the pendulum swing is expected to narrow. Sackett provided “some guardrails and a fair amount of durability”—while the definition of WOTUS will likely continue to “expand and contract with future administrations,” it will do so with “smaller oscillations” than in the past.
Beveridge & Diamond advises clients on the full spectrum of Clean Water Act issues, including jurisdictional determinations, permitting, enforcement risk, and litigation. Our Water practice helps navigate the complexities of federal and state regulatory interpretations as agencies and courts continue to reshape the scope of WOTUS. For more information, please contact the authors.
