The gears of progress often grind through the landscape with scant regard for the delicate tapestry of our ecosystem. The latest instance of this comes in the form of a monumental ruling by the U.S. Supreme Court, which slashes protections for American wetlands, undermining the Clean Water Act and leaving many of our nation’s delicate wetlands vulnerable to development.
For decades, federal agencies like the Environmental Protection Agency and the U.S. Army Corps of Engineers have maintained a crucial role in regulating water pollution, while local authorities have handled land use. In this delicate dance of responsibility, wetlands—areas where land remains wet year-round or intermittently—have often straddled the line. These ecological powerhouses, from marshes to swamps and bogs, play a pivotal role in filtering pollutants and absorbing floodwaters.
However, a recent Supreme Court ruling in the Sackett v. EPA case has dealt a significant blow to these vital ecosystems. This ruling interprets the Clean Water Act in such a way that only wetlands directly adjoining rivers, lakes, and other bodies of water are granted federal protection. This narrow interpretation could leave many wetlands across the nation exposed to development.
Let’s understand the case a bit: Chantell and Mike Sackett, residents of Idaho, own land near Priest Lake. They filled the land with materials in preparation for building a house without obtaining a Clean Water Act permit. The EPA stepped in, asserting that the land contained federally protected wetlands. The Sacketts fought back. They contended that their property wasn’t a wetland.
This fight ended up in the Supreme Court, and the decision is a blow to wetlands conservation. In the ruling, Justice Samuel Alito declared that “waters of the United States” only include permanent bodies of water and wetlands that have a continuous surface connection with these larger bodies of water.
The repercussions of this ruling are substantial. It drastically reduces the EPA’s and the Army Corps of Engineers’ ability to protect wetlands and might even render the construction of barriers that separate wetlands from water bodies as a possible tactic to eliminate federal protection.
What’s even more worrying is the hint by Justice Clarence Thomas, in a concurring opinion, that the Clean Water Act, along with other federal environmental statutes, might be constitutionally challenged, suggesting a possible teardown of federal environmental law.
So, where does this leave us? Our wetlands are at risk, and federal protections have been drastically limited. While Congress could amend the Clean Water Act to restore protections, past failed attempts and current political divisions make success seem unlikely.
In the meantime, many states have not adopted regulations for waters falling outside the “waters of the United States” scope, meaning new laws and perhaps even entirely new regulatory programs will need to be considered.
The Supreme Court ruling sends a clear message: our wetlands are under siege, and it is up to us to continue fighting for their protection. This is not just a matter of preserving our country’s natural beauty. Wetlands serve as essential barriers against floodwaters and are instrumental in filtering pollutants. Their loss would have profound implications for our environment and our communities. We need to push back against such environmental setbacks and fight for a sustainable future.