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The U.S. Environmental Protection Agency (EPA) and the Department of the Army have proposed a new definition of "waters of the United States" in order to comply with the Supreme Court's ruling in Sackett v. EPA. In the May 2023 ruling, the Supreme Court held that in order to fall under federal oversight, a wetland must have a "continuous surface connection" to a navigable waterbody. Prior to the Sackett decision, a wetland needed to have a "significant nexus" to a navigable waterbody. Under the new definition, which took effect immediately upon its release yesterday, up to 4.9 million miles of ephemeral streams and up to 63 percent of the nation's wetlands by acreage will no longer be protected by federal pollution controls.
"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," EPA Administrator Michael Regan said in a statement. Environmental advocates were similarly disappointed: "This rule spells out how the Sackett decision has undermined our ability to prevent the destruction of our nation's wetlands, which protect drinking water, absorb floods and provide habitat for wildlife," said Jim Murphy, director of legal advocacy at the National Wildlife Federation. "Congress needs to step up to protect the water we drink, our wildlife, and our way of life."
August was a great month for public lands
It’s been a great month for public land conservation in the West. From a new national monument designation to some major legal decisions upholding climate action and conservation, August brought a deluge of good news for public lands. In a new blog post, Center for Western Priorities Communications Manager Kate Groetzinger rounds up the headlines that had us smiling (and occasionally even cheering) this month.
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We don't have a system that's currently set up to make good choices quickly. We tend to take a long time and we make OK choices, and that’s not what we need going forward.”
