By Drew Viguet
National Agricultural Law Center
U of A System Division of Agriculture
March 17, 2025
Fast facts:
- Conference session focuses on WOTUS following Sackett ruling
- Water law attorney Tess Dunham is presenting
- Registration is online, livestream available
FAYETTEVILLE, Ark. — How do you define “waters of the U.S.”?
It’s a question that has lingered in agricultural law and policy for decades. The legal phrase in question, “waters of the United States” otherwise known as WOTUS, is a key component of the Clean Water Act, meant to improve the country’s water quality by reducing pollution. Since it became law in 1972, the definition of WOTUS has continually evolved. Bodies of water defined under WOTUS receive various legal protections.
In 2023, the Supreme Court narrowed the definition of WOTUS with its ruling in Sackett v. EPA. The U.S. Environmental Protection Agency then amended its WOTUS rule to conform with the Sackett decision, ultimately removing numerous waters and wetlands from Clean Water Act jurisdiction.
“It was a significant decision from the Supreme Court with lasting ramifications for the country’s agriculture, which will continue into the future,” said Tess Dunham, partner at Kahn, Soares and Conway. “With many bodies of water that were protected prior to the Sackett ruling no longer falling under the Clean Water Act, it directly impacts the way activities in those waters are regulated.”
Dunham will discuss the legal and regulatory landscape following the Sackett ruling during the session, “WOTUS & Water Quality in the West in a Post-Sackett World,” at the third annual Western Water, Agricultural, and Environmental Law Conference. The conference will be held June 19-20 in Reno, Nevada. This year, the Western is hosted by the National Agricultural Law Center, or NALC, and the National Association of State Departments of Agriculture Foundation, or NASDA Foundation. It will also feature a livestream option.
Dunham has spent over two decades of her practice specializing in California and federal water quality laws.
“I’ve seen how regulations and polices have shifted,” Dunham said. “When it comes to WOTUS and the Clean Water Act, it’s crucial that producers know where definitions and regulations stand. These water law developments, such as the result of Sackett, directly impact producers and their operations.”
To read the full news release, click here.