What’s Up with WOTUS: Post-Sackett and Beyond


This webinar is the third in a series taking a look at the crucial Clean Water Act term “waters of the United States,” commonly referred to as WOTUS. The previous two webinars in this series gave an overview of WOTUS, examined both the 2023 WOTUS rule and the Supreme Court’s ruling in Sackett v. EPA, and went over why WOTUS matters to agriculture. The third one will look at subsequent events and consider the long-term effects of the ruling.

Since the Sackett decision, EPA has stated that it will be interpreting WOTUS consistent with the Supreme Court’s ruling. EPA has also announced its intention to revise its current WOTUS definition by September 1 to bring the regulatory language up to date with the ruling in Sackett. This webinar will discuss the anticipated rule. While Sackett has limited what waters may be included in EPA’s definition of WOTUS, it did not limit the actions that states may take to regulate waterbodies within their boundaries. This webinar will also take a look at some of the different ways that states have acted to regulate wetlands and interstate waters.

Time and Date:

Wednesday, November 15, 2023

Noon – 1 p.m. (EST)

11 a.m. – Noon (CST)



Brigit began her life in Sonoma County, in the heart of California’s wine country. Growing up, she was surrounded by small farms, dairies, and wineries, which ultimately led to a passion for agriculture and the environment. She attended Sonoma State University where she earned a Bachelor of Arts in environmental studies, and a minor in studio arts. While at Sonoma State, Brigit studied different types of agricultural methods and how those methods could be used to promote environmental sustainability. After graduating from Sonoma State in 2015, she started as a law student at Lewis & Clark Law School in Portland, Oregon. While at Lewis & Clark, she worked as a student clerk for the Western Resources Legal Center, where she worked on cases assisting small ranches, farms, and municipalities. During her time at Lewis & Clark, she also interned with the California Farm Bureau Federation, and worked as a law clerk for the Sacramento-based environmental law firm Somach Simmons & Dunn. While at the California Farm Bureau, Brigit focused on Environmental Species Act issues and water law issues, as well as issues specific to California. While at Somach Simmons & Dunn, Brigit expanded her work on water law and participated in work involving federal Indian law. On campus, Brigit was on the board of Lewis & Clark’s Food & Ag Law Society and served as a student member of the ABA Public Lands Committee.  She is licensed to practice law in Oregon.

Brigit began her work at the Center as a research fellow during her second year of law school. As a research fellow, Brigit worked on a wide variety of agricultural law topics ranging from liability issues to the new frontier of lab-grown meat. In 2019, Brigit graduated from Lewis & Clark and joined the Center full-time. At the Center, her primary area of research and scholarship is environmental law as it intersects with agriculture. She maintains an interest in promoting sustainability and environmental health through agriculture and resource use.

Research & Materials:

Presentation Slides