The Indiana University Maurer and McKinney Schools of Law jointly will convene leading scholars and practitioners to discuss the implications of the 2023 United States Supreme Court case of Sackett v. EPA. The event, “Sackett v. EPA: What the Supreme Court’s Decision Means for Regulation and Wetlands Conservation,” will take place November 10 in the Wynne Courtroom and Steve Tuchman and Reed Bobrick Atrium at IU McKinney in Indianapolis.
The Sackett decision is one of the most significant environmental opinions issued by the Supreme Court, and it resolves a longstanding debate surrounding the scope of the federal Clean Water Act. By narrowing the scope of the Clean Water Act, the decision raises several issues. The participants will discuss the case, its history, and the court’s opinion. They also will discuss the implications of the case moving forward on a national level, and how it might affect the protection of the nation’s wetlands, as well as the implications of a narrower scope of the Clean Water Act in Indiana.
Rob Fischman, Maurer’s George P. Smith, II Distinguished Professor of Law, said the Sackett decision was overlooked by some, but is no less important than other critical environmental decisions from the courts.
“Although it received less press coverage than West Virginia v. EPA, Sackett made more radical changes to federal environmental law and public regulation,” Fischman said. “The decision dramatically shrank the coverage of the Clean Water Act, imperiling Congress’ statutory objective of restoring and maintaining the physical, chemical, and biological integrity of the nation’s waters. Discharges of pollutants into vast acreages of wetlands and tributary waters that formerly required permits may now occur without any public scrutiny, pollution controls, or mitigation as a result of Sackett. States may fill the regulatory void, but many will not. This conference will bring together leading environmental scholars from around the country to discuss the effects of this important ruling.”
Professors Kalen and Fischman will offer welcoming remarks to kick-off the event.
“This will be a great opportunity to learn about and explore how the Supreme Court’s decision in Sackett v. EPA will impact the administration of the Clean Water Act and the protection of wetlands nationally and here in Indiana, as well as how the decision reflects the court’s changing approach to examining decisions by administrative agencies,” said Professor Sam Kalen. Kalen is the Visiting Robert H. McKinney family Chair in Environmental Law.
“When my friend, Sam Kalen, accepted an appointment as the Visiting Robert H. McKinney Family Chair in Environmental Law, he generously offered to share a portion of the McKinney gift that supports research and conferences,” Fischman said. “With six of our faculty participating, this conference showcases Maurer’s strength in environmental law.”
The first panel will be moderated by IU Maurer Professor John Applegate. This panel will discuss “Statutory interpretation and agency deference: What can we expect in future litigation?” Panelists will include Professor William Buzbee of Georgetown Law, Professor Kalen, Professor Mark Squillace of Colorado Law, and Professor William Weeks of IU Maurer.
Professor Fischman will moderate the second panel, which will consider the topic: “Private Ordering: How will property owners, land trusts, and corporations respond to the decrease in regulation?” Discussants will include Professor Christian Freitag of IU Maurer School of Law and the Conservation Law Center (CLC), Professor Steph Tai of the University of Wisconsin Law School, and Jonathan Wood of the Property and Environment Research Center.
Panel three will discuss “Federal agency Implementation: How will the EPA and Army Corps of Engineers change their implementation of the CWA?” Kacey Cook of the Conservation Law Center will serve as moderator. Panelists will be Professor Mark Davis of Tulane Law School, and IU Maurer J.D. students Ryan Day and Noah Hines.
The final panel of the day will discuss the topic, “Indiana Wetlands and Tributary Waters: What should Indiana do to address the gap between the reduction in Clean Water Act jurisdiction and existing state law?” Greg Ellis of the Indiana Chamber of Commerce will serve as moderator. Panelists include IU McKinney J.D. student Seth Marvin Engdahl, the CLC’s Kim Ferraro, and Rachele Baker of Little River Consultants.
The program carries with it 6.0 hours of free Indiana continuing legal education credit with a required registration. Lunch also will be provided. To learn more and register, visit the IU McKinney website.