EPA Scales Back Wetland Protections After SCOTUS Ruling
How do you feel about the Supreme Court's decision?
Updated August 31, 2023, 2 p.m. EST
- The EPA removed federal protections for a significant portion of the country’s wetlands — a necessary move to comply with the recent U.S. Supreme Court ruling under Sackett v. EPA.
- The ruling narrowed the definition of protected “waters of the United States” under the Clean Water Act (CWA) and redetermined the agency’s power to regulate waterways and wetlands.
- The justices decided that the CWA only includes streams, oceans, rivers, lakes, and wetlands with a “continuous surface connection to those bodies.” The rule will take effect immediately. As a result, protections for many wetlands will now fall to the states.
- EPA Administrator Michael Regan said in a statement:
“While I am disappointed by the Supreme Court’s decision in the Sackett case, EPA and Army have an obligation to apply this decision alongside our state co-regulators, Tribes, and partners.”
What was the Supreme Court ruling?
- The conservative-dominated Supreme Court has stripped back the scope of the Clean Water Act (CWA) — decades-old legislation that seeks to protect wetlands and prevent pollution from seeping into rivers, streams, and lakes.
- The court ruled in favor of the Sackett's, who sued the Environmental Protection Agency (EPA) after they were blocked from building their home near Idaho's Lake Priest due to breaches of the CWA. The EPA blocked the construction of the house because it impacts wetlands.
- Chief Justice John Roberts and Justices Samuel Alito, Clarence Thomas, Neil Gorsuch, and Amy Coney Barrett ruled that the CWA can only protect "wetlands with a continuous surface connection to bodies that are waters of the United States in their own rights" and not private property.
- Liberal-leaning Justice Elena Kagan dissented, criticizing the Supreme Court's decision to appoint itself "the national decision maker on environmental policy."
What's the background?
- On Oct. 3, 2022, the Supreme Court heard oral arguments on Sackett v. Environmental Protection Agency, representing a 14-year legal battle. This case challenges the EPA's Clean Water Act, a landmark law from 1972 that protects America's water sources by regulating the discharge of pollutants to lakes, rivers, streams, and wetlands. The case questions explicitly how to interpret what land falls within the EPA's jurisdiction.
- In 2007, the EPA halted the Sackett couple's home construction near Idaho's Lake Priest because the land was a potentially protected wetland under the Clean Water Act.
- In 2012, the couple sued the EPA, challenging the federal government's ability to dictate the developments on their property. The libertarian Pacific Legal Foundation took up their battle, fighting the environmental protections on behalf of the couple.
- The Sacketts' attorney Damien Schiff argued against the EPA's interpretation of "waters of the U.S." as he claimed that his client's property should not be subject to federal protections since its waters do not directly enter into a larger body of water. Both liberal and conservative judges questioned his reasoning.
What are people saying?
- The environmental group Earthjustice decried the verdict, arguing that the ruling will impact wetlands across the country, which will now lose their protections under the CWA.
- Michael Regan, administrator of the EPA, said he was disappointed, stating that the ruling "erodes longstanding clean water protections." Regan continued:
"Over the past 50 years, we have made transformational progress – rivers that were once on fire have been restored and now sustain vibrant communities in every corner of the country. A commonsense and science-based definition of 'waters of the United States' is essential to building on that progress and fulfilling our responsibility to preserve our nation's waters, now and for future generations."
- Damien Schiff, a lawyer for the Sacketts, praised the court's decision, saying it "return[s] the scope of the Clean Water Act to its original and proper limits." He continued:
"Courts now have a clear measuring stick for fairness and consistency by federal regulators. [It's] a profound win for property rights and the constitutional separation of powers."
"The court's ruling removes these vital protections from important streams and wetlands in every state. We call on both Congress and state governments to step in, plug the gap, and protect our threatened waters and the people that depend on them."
How do you feel about the Supreme Court's decision?
—Emma Kansiz
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Who needs the EPA, FDA, OSHA, or any other government agency filled with experts protecting the health and welfare of Americans? We have SCOTUS!
Some are peeing their pants because their conservative, right-winged, Christi-fascist agenda is being actualized. Until...
it's your daughter or sister whose rape has resulted in an unwanted pregnancy...or a pregnancy that puts the mother's life at risk
its your water source that's been polluted, making your family members sick
it's your sibling that has been injured or killed because basic safety measures were not in place
Oh, yeah! Keep cheering SCOTUS, folks. Your day of enlightenment is coming. When it does, I'll send my thoughts & prayers.
I've said it before: WE NEED COURT REFORM!!!
The Supremely Corrupt Court demonstrated its medical illiteracy & incompetence with the abortion ruling, and now they are showing they are also scientifically illiterate & incompetent with the wetlands ruling.
The right wing political activists on the court are both legislating and administering from the bench overstepping both the legislative and executive branches.
Our Supreme Rulers! Christian Mullahs! All knowing! All powerful! And we can't even vote them out. Just wait for them to die of old age.
"...the Supreme Court's decision to appoint itself "the national decision maker on environmental policy."
Please do something to protect piper wetlands. Corporations want to dominate everything...don't let them! Nan
Where is the "Happy", button?? I'm "Happy", about the decision!! Why you people at Causes only offer the "Apathy" button as the highest form of praise??? That's like having a pole for President that doesn't include Trump as an option!! (although I'm sure that's coming!!)
This has to be obvious to all, "Money Talks". If you are wealthy, you may do as you please. Even if has a potential of harming someone or the environment. Our Supreme Court is bought and paid for, just like many of the politicians. No America is not the greatest place anymore. But if your wealthy, it is for you.
I'm depressed that even the "liberal" Justices agreed with the "conseratives" on the outcome of this decision.
Our nations waters are being poisoned by run-off produced by corporations and industrial farming many miles from the standing water sources.
Lake Erie's water has on several occasions been contaminated by toxic algae due to nitrogen run-off from excessive fertilizer use by farms and pig shit and urine from Concentrated Feeding Operations (CFO's) many miles from any standing water. But when the rain comes it all flows together into our lakes and streams.
People in Indiana are routinely warned not to eat fish caught in our small ponds and lakes because of the heavy metals like mercury and lead that precipitate from the atmosphere. These are spewed into our air in the exhaust from coal-fired electrical power plants and they leech from their coal ash ponds when it rains.
Our water is routinely poisoned by greedy special interests.
Our Supremely Unscientific Court does not understand the dangers they have unleashed.
And it seems they don't care.
It matters to me because I do not wish to live in / on all cement and concrete. The Government needs to protect the natural beauty, the trees, the grass, flowers, fresh air.
EPA was overreaching and got caught by a couple with the resources to fight them.
Wish there was a smiling face option on this one.
Time for an ethical supreme court reform!.
This supreme court should nullified.
Need more protection!
Ignorant jackasses!
Another corrupt decision from a corrupt court that lines it's pocket with dirty money as they screw America
I find it interesting yesterday a journalist said that Judge Judy has more respect than all the justices within SCOTUS. Their last court decisions do kind of coincide with that statement. Well it appears our President's that selected these individuals have even less hiring intelligence. And the same with the congressional folks who approved them. I am a non partisan voter, all due to trying to figure the lesser of two evils to vote for. So far this election I am hopeful an Independent will step forward who has some common sense and wants to do what is right.
i wonder who paid the supreme court to narrow what EPA can care for. money hungry added to help their choices... egretious
Idiots!
Too bad these "conservatives" don't want to conserve the environment! As only, only their personal privilege and personal wealth (and that of their wealthy patrons).
This SCOTUS ruling is really bad for the U.S. and life within the U.S.. Far from being useless, wetlands provide values that no other ecosystem can. These include natural water quality improvement, flood protection, shoreline erosion control, removeal of CO2 from our air and adding oxygen to the air, as well as opportunities for recreation and aesthetic appreciation and natural products for our use at no cost. Protecting wetlands can protect our safety and welfare. Everytime the EPA get held back from doing the job it was created to do, WE lose! So much life is dependent on the quality of our wetlands! This is due to one family, the Sackett family, thinking only of themselves and how much money they can make from their land that has a wetland area that drains into streams and a lake 300 feet from their property. This family and SCOTUS are not considering what can happen if this wetland and lake become polluted, nor are they considering what will happen when all our wetlands get damaged because EPA can't protect them. I can't understand why some people still don't understand the importance of protecting our environment! All Life on this planet is dependent on the condition of our environment. If we choose not to protect it, we are choosing not to protect life! This ruling by SCOTUS is another example of how we are "cutting off our nose to spite our face!" Congress must pass a law that will counter what SCOTUS has done again! We also need to remove members from this Supreme Court for ruling in violation of the Constitution when they ruled in favor of Georgia's voting law that violates 4 Amendments of the Constitution. That's "Poor Behavior!"
The court is in the hands of the corporate masters. They have lost any legitamacy in my mind.
This Supreme Court is doing more to destroy our country than we have seen in our lifetimes.
Another one of Trumps plans to gut our environment. Stacked the court with judges who have no concern for our environment.
A serious blow to environmental quality.
The EARTH is our only home, and we each have the sacred responsibility above all to protect, care and respect the Air, Land, Waters, and Sun. This responsibility is ordained by Our Creator Almighty God, and it should not be compromised by anything or anyone!
THE EPA IS NEGLIGENT SELF SERVING AND SHOULD BE ELIMINATED!
Replace EPA with Environmental Groups combined together to protect our earth and its resources and they should make only any legal decisions not the Supreme Court!
God Created/Designed all in the most perfect balance and self maintenance and operation, so no one should upset or destroy these assets of life, for the ALMIGHTY WILL DESTROY THOSE DESTROYING THE EARTH AND ALL ITS CREATIONS!
Revelations 11:18-New International Version
The nations were angry, and your wrath has come. The time has come for judging the dead, and for rewarding your servants the prophets and your people who revere your name, both great and small— "and for destroying those who destroy the earth.”
https://serc.carleton.edu/eslabs/climate/lab5.html
https://www.britannica.com/study/air-land-and-water-pollution
Everything is connected and the sooner people get on board with that idea the better off our planet will be.
I feel very strongly about this as I came from a very water rich area of Southwest Alabama. Two of the states largest rivers flow south on each side of the county, coming together to form the Mobile River and all the swampland north of Mobile Bay. It's imperative that we have those lands protected for all the wildlife and fish that call that area home. Now that I live in the north Atlanta area, Lake Lanier, the Chattahoochee River, and all its tributaries need all the protection they can get for the nourishment of the people living around them.