CWA, 404 & WOTUS: Navigating Wetlands Issues in Agriculture

Sponsored by the Agricultural and Food Law Consortium


For more than 40 years the nation has used section 404 of the Clean Water Act (CWA) as the federal regulatory program to protect wetlands. However, the relationship between the statute and agriculture is perhaps more uncertain than at any time in the past.  As a result, there is an enhanced potential for federal scrutiny and potentially enforcement of activities the farmer perceives as normal business.  Further, a general understanding of the CWA is becoming another of the myriad of skills that a successful farmer or rancher and their attorneys must have access to. This presentation will address the history of the CWA regulatory methods as well as practical aspects of how to navigate the CWA wetlands regulatory program. It will also provide an update of the current status of 404(f) and the federal courts, including the recent United States Supreme Court decision in Hawkes v. United States Army Corps of Engineers and the WOTUS final rule.


This webinar was recorded on July 20, 2016.  To listen to a recording of the webinar, please click here.


Sharon Marie Mattox
Mattox Law Firm (Houston, Texas)

Sharon M. Mattox is principal in Sharon M Mattox PLLC., which she formed in January 2014.  She is a 1981 graduate of the University of Texas School of Law with honors. She practiced environmental law with Vinson & Elkins LLP from 1981 until her retirement at the end of 2013.  She represents clients in a board range of environmental issues including counselling and obtaining and defending permits at both the trial and appellate levels. She has particular expertise regarding the Clean Water Act and the National Environmental Policy Act, as well as the myriad related environmental issues that arise as part of a NEPA review. She has worked extensively in all aspects of coastal and marine development including the Corps of Engineers 404 regulatory program.

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