One year after Sackett v. EPA: What’s next?

June 21, 2024
In this episode, Duke McCall, partner at Morgan Lewis, discusses what has happened in the year since the Sackett v. EPA decision and where the industry goes from here.

In this episode of Talking Under Water, Duke McCall, partner in Environmental Counseling & Litigation at Morgan Lewis, discusses the 1-year anniversary of the Sackett vs. EPA ruling. The Supreme Court’s decision on Sackett v. EPA significantly altered ‘waters of the United States,’ only allowing the regulation of wetlands that are indistinguishable from a protected body of water. In this interview, McCall discusses what has happened in the year since the ruling, work that has been done since and how the ruling has impacted it and where the industry goes from here.

Show Notes:   


  • Introduction and episode summary | 0:00
  • Interview starts | 1:02
  • What's happened since the Sackett v. EPA ruling | 1:37
  • How does the election year impact these kinds of regulations? | 5:01
  • Have water professionals changed how they work? | 6:20
  • Slow rollout generations uncertainty | 7:37
  • Where do we go from here? | 8:44
  • Housekeeping | 10:59


About the Podcast  

Talking Under Water is the premier podcast for the water industry, including municipal and industrial water and wastewater, residential water treatment, storm water management and erosion control. It is produced in coordination between Wastewater Digest (WWD), WaterWorld and Storm Water Solutions (SWS). The podcast covers topics under the One Water movement including the municipal and industrial water and wastewater, point of use, point of entry, residential, storm water and erosion control markets. Talking Under Water highlights news, trends, new technologies, industry discussions and on-site interviews with experts for WWD, WQP and SWS. New episodes of the podcast are released on the third Friday of every month. Logo Images: Anatoly Tiplyashin / Romolo Tavani /   

 Contact the Talking Under Water podcast editors by emailing [email protected]  engaging with them on Twitter @TUWpodcast. Join the conversation by commenting or using the hashtag #talkingunderwaterpod on social media.  

About the Author

Katie Johns

Katie Johns, editor-in-chief of Storm Water Solutions and Water Quality Products, graduated from the University of Missouri in 2016 with a Bachelor of Journalism and a Bachelor of Arts in Spanish. Johns joined the Storm Water Solutions team in September 2019. Johns also helps plan the annual StormCon conference and co-hosts the Talking Under Water podcast. Prior to entering the B2B industry, she worked as a newspaper reporter and editor in Sarasota, Florida, and a magazine assistant editor in the Chicago suburbs. She can be reached at [email protected]