that the Supreme Court will want to address the issue again, putting added pressure on the administration to come up with a clear re- placement. Complicating things further is that since the Rapanos decision, no circuit court of appeals has adopted the Scalia standard. Repealing the existing rule has inherent challenges as well. Because of processes that govern the federal rule-making process, the administration will need to issue a final rule explaining its decision. That action alone will likely result in a legal challenge by WOTUS supporters arguing that there is no basis for getting rid of the existing rule. Under the Obama administration, the EPA and Corps of Engineers compiled an extensive administrative record to support WOTUS, including hundreds of scientific studies that talk about the impor- tance of upstream waters to navigable waters. The Obama administration also submitted a
detailed brief to the 6th Circuit Court of Ap- peals defending the existing rule a week before Trump took the oath of office.
Despite these hurdles, it appears that the administration is determined to do something quickly. This premise was supported shortly before the formal announcement to rescind WOTUS when Pruitt testified that the EPA intended to publish a new rule establishing which waters would be regulated under the CWA no later than the first quarter of next year. Despite the administration’s clear intent to move quickly, that schedule seems ambitious given the contentious nature of the issue and the lack of clarity related to judicial direction. Odds are the resolution will be much more favorable for us than WOTUS, but stay tuned until further details are released. Until then, the future direction of the CWA and how it impacts landscape professionals is as clear as mud. 7
Y Rich & Famous continued from p.26
the next day. We’re meeting that night with the industrialist. We’re showing up in formal attire. We’re very nervous because the expectation is we sell this landscape to someone else who isn’t even an American and needed to be sold something that wasn’t there.
“I think we spend an hour and a half not knowing how it was going to end up....He was used to the
best....The real estate agent wanted to make the sale....I wanted the guy to be happy. “We came to an agreement—some of it was beyond us. He gave us the go-ahead, and we got the job.”
And the punchline? Skip ahead to today, eight years later. “We just craned to that very same terrace,” Don said. “He sold the apartment and joined it with the next terrace to make a mega-terrace, the largest in the build- ing. And this is New York real estate—he sold this and moved to another, which we did the installation and will maintain.” It’s all about relationships. 7
Don Sussman will be discussing these relationships and his high-end clientele at LANDSCAPES 2017 in a session called “Landscapes of the Rich and Famous,” and while you may not meet any celebrities, you will learn about what it takes to develop and keep them—and everyone—as clients. “If the client isn’t happy, I have to fix the problem—just make them happy,” he said. And he promises to show “lots of amazing pictures!” LANDSCAPES 2017 is in Louisville, Kentucky, October 18-20.
NATIONAL ASSOCIATION OF LANDSCAPE PROFESSIONALS
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