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Bradley Ennis, partner in the firm’s Gulfport and Jackson offices and member of the Environmental & Natural Resources Practice, presented at the Gulf Coast Business Council (GCBC) Regional Policy Forum focused on the current regulatory climate and the associated costs linked to wetland permitting.
The forum took place on February 23, 2024, in Gulfport, Mississippi.
Bradley's presentation focused on the potential impacts of the recent U.S. Supreme Court decision, Sackett v EPA, which addressed the definition of "waters of the United States" (WOTUS) with regard to the Clean Water Act (CWA). WOTUS defines the geographic reach and authority of the U.S. Army Corps of Engineers and U.S. Environmental Protection Agency (EPA) to regulate streams, wetlands and other water bodies under the CWA. The Court held that “the CWA extends to only those ‘wetlands with a continuous surface connection to bodies that are “waters of the United States” in their own right,’ so that they are ‘indistinguishable’ from those waters.” This decision places significant limits on Clean Water Act jurisdiction and enforcement.
The forum gathered local stakeholders, practitioners and regulators, who discussed the challenges involved in achieving responsible economic development in Coastal Mississippi.
The GCBC is a collaborative, private sector-led organization comprised of influential business, economic, and policy thought leaders from across the three coastal counties of the Mississippi Gulf Coast.
At Balch, Bradley focuses on environmental and regulatory matters for utilities, governmental agencies, and private entities. His practice includes work under the Clean Air Act, Clean Water Act, Oil Pollution Act (Natural Resource Damage Assessment), Resource Conservation and Recovery Act, Comprehensive Environmental Response, Compensation and Liability Act, and state wetland permitting regimes.
Bradley previously served on the Executive Committee for the Mississippi Bar’s Section on Natural Resources, Environmental and Energy. He is recognized by Chambers USA in the “Environment” practice area.