The Endangerments Clause, Updates to ESA, and the Future of WOTUS with Fred Wagner

Environmental Professionals Radio (EPR)

Environmental Professionals Radio (EPR)
The Endangerments Clause, Updates to ESA, and the Future of WOTUS with Fred Wagner
Mar 06, 2026 Episode 236
Nic Frederick and Laura Thorne

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Welcome back to Environmental Professionals Radio, Connecting the Environmental Professionals Community Through Conversation, with your hosts Laura Thorne and Nic Frederick! 

On today’s episode, we talk with Fred Wager, Principal Environmental Regulatory Advisor with Jacobs about The Endangerments Clause, Updates to ESA, and the Future of WOTUS.   Read his full bio below.

Help us continue to create great content! If you’d like to sponsor a future episode hit the support podcast button or visit www.environmentalprofessionalsradio.com/sponsor-form 

Showtimes: 
0:29 - Cute animal facts!
1:28 - Navigating travel chaos
10:39 - Interview with Fred Wagner starts
16:15 - Unpacking the Endangerment Clause and Major Questions Doctrine 
27:47 - The future of WOTUS and endangered species act interpretations
37:44 - Examining Section 106 and historic preservation challenges
40:53 - Optimism, regulatory resilience, and concluding thoughts

Please be sure to ✔️subscribe, ⭐rate and ✍review. 

This podcast is produced by the National Association of Environmental Professions (NAEP). Check out all the NAEP has to offer at NAEP.org.

Connect with Fred Wagner at linkedin.com/in/fred-wagner-59043019

Guest Bio:

Fred Wagner focuses on environmental and natural resources issues concerning major infrastructure, including surface transportation, energy, mining, and commercial project development. Fred advises clients on environmental reviews under the National Environmental Policy Act or equivalent state statutes. He also helps secure permits and approvals from regulators under a variety of federal programs, including Section 404 of the Clean Water Act, the Endangered Species Act, the Clean Air Act, and the National Historic Preservation Act. Fred provides strategic counseling regarding implementation of the full spectrum of federal environmental programs, as well as U.S. Department of Transportation (USDOT) surface transportation grant management and safety regulations. 

Prior to joining Jacobs, Fred represented a wide variety of developers, public entities, and businesses in environmental, land use, and natural resources litigation in federal trial and appellate courts across the country, from citizen suits to government enforcement actions and Administration Procedure Act (APA) challenges. Most recently, Fred was counsel of record in the Seven County Infrastructure Coalition NEPA case before the U.S. Supreme Court.

Music Credits
Intro: Givin Me Eyes by Grace Mesa
Outro: Never Ending Soul Groove by Mattijs Muller

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