From Abigail Dillen, Earthjustice President <[email protected]>
Subject I'm still angry
Date June 2, 2023 2:42 PM
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Dear Friend,

I’m still angry after the Supreme Court's 5-4 decision in Sackett v. EPA last Thursday.

This ruling is the latest application of a radical world view that privileges private property rights over everything, including the most basic underpinning of a healthy society and life itself: clean water.

Climate change is driving epic drought. Water scarcity is an existential threat across the West. Catastrophic flooding is killing people. We are facing a mass extinction crisis. Now is not the time to gut our most important law for protecting and restoring water and wetlands.

The Court certainly is powerful. But so is Earthjustice, and so is our movement. We are ready to fight back.

We’re lobbying Congress to rewrite the Clean Water Act, suing to strengthen the EPA’s water protection, pressing states to enact tougher laws, and using litigation to protect individual wetlands endangered by this ruling. I’m asking you to join our fight.

We represent our clients for free — so every lawsuit is powered by you. This fiscal year has been challenging for fundraising, but we are at a make-or-break moment in history and your support is essential to increasing our impact. Our board will match your donation $2:$1 through the end of June to get us back on track, so donate today.

$2:$1 MATCH: DONATE TODAY: [link removed]

Even conservative Justice Kavanaugh sounded alarm bells about deregulatory chaos. As his dissent makes clear, stripping protection for wetlands that are "adjacent" to rivers, streams, and lakes will preclude real world protection of water.

"The Court’s new test will leave some long-regulated adjacent wetlands no longer covered by the Clean Water Act, with significant repercussions for water quality and flood control throughout the United States."

And it looks like the majority will not be content with gutting just the Clean Water Act. It is demanding "exceedingly clear language if [Congress] wishes to significantly alter the balance between federal and state power and the power of the Government over private property.”

All of this to say, the Sackett decision is devastating. And Congress and states are going to need to step in urgently with fixes.

I’m angry, but one of the great things about working at Earthjustice is I can channel my anger into action. And I’m inviting you to do the same thing by supporting our efforts to fight back.

Our legislative team will work with Congress to fix the Clean Water Act and press states to enact more powerful clean water protections.

Our clean water team will work to strengthen EPA protection and enforcement, and we will pursue litigation if necessary.

Attorneys at our 15 regional offices across the country will sue wherever appropriate to protect wetlands endangered by this ruling.

As I mentioned above, we are in a challenging position: attempting to shore up a fundraising gap before the end of the fiscal year on June 30, at a moment when we need to be building our power instead of shrinking it. Our board will match your donations $2:$1, so please take this opportunity to make an impact and join our fight.

$2:$1 MATCH: DONATE TODAY: [link removed]

Sincerely,
Abigail Dillen
Earthjustice President

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