Environmental associate Jordan M. Asch's article, "The Latest Chapter in the Saga of the 'Waters of the United States,'" was published by the New Jersey Law Journal on June 30, 2023. The article discusses the U.S. Supreme Court's recent decision in Sackett v. Environmental Protection Agency ("EPA") and its implications for the interpretation of the term "waters of the United States" ("WOTUS") and federal jurisdiction under the Clean Water Act ("CWA"). The article provides a contextual analysis of the Sackett case, including a historical overview of the concept of WOTUS and federal jurisdiction under the CWA. It highlights previous Supreme Court cases that shaped the interpretation of WOTUS and the varying perspectives on the extent of federal regulatory authority. Jordan notes in the article that the recent Sackett decision will likely have minimal immediate consequences in New Jersey, where the Freshwater Wetlands Protection Act regulates WOTUS and waters of the state, including wetlands. However, there might be calls for legislative or administrative action in response to the decision.
In his practice, Jordan works with clients in navigating permitting and compliance issues under the Federal Clean Water Act, the New Jersey Freshwater Wetlands Act, and the Flood Hazard Area Control Act. He defends clients against regulatory enforcement actions by the New Jersey Department of Environmental Protection for regulatory violations, and for remediation and cleanup costs under the broad liability of the New Jersey Spill Compensation and Control Act.
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