5 votes

How US Supreme Court’s EPA ruling might affect wetlands, clean water

1 comment

  1. skybrian
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    From the article: […] Sounds like there will be more court cases? (I changed the headline slightly because there seems to be disagreement on what it will do.)

    From the article:

    Some environmental groups and legal experts estimate that the decision will remove federal protection from half of all wetlands in the continental United States. According to estimates from Earthjustice, an environmental law firm, the decision will prevent the EPA from placing federal protections on as many as 118 million acres of wetlands, an area larger than the landmass of California. Those estimates could not be immediately confirmed, but the ruling is expected to give farmers, home builders and other developers far more latitude to disturb lands previously regulated under the Clean Water Act.

    […]

    Environmentalists said wetlands in such places as the Everglades and Indiana Dunes national parks would lose protections. In his opinion, Kavanaugh highlighted major water bodies such as the Chesapeake Bay and the Mississippi River, for which he said the court’s new interpretation could have real-world consequences.

    “In particular, the Court’s new and overly narrow test may leave long-regulated and long accepted-to-be-regulable wetlands suddenly beyond the scope of the agencies’ regulatory authority, with negative consequences for waters of the United States,” he wrote. “For example, the Mississippi River features an extensive levee system to prevent flooding. Under the Court’s ‘continuous surface connection’ test, the presence of those levees (the equivalent of a dike) would seemingly preclude Clean Water Act coverage of adjacent wetlands on the other side of the levees, even though the adjacent wetlands are often an important part of the flood-control project.”

    Sounds like there will be more court cases? (I changed the headline slightly because there seems to be disagreement on what it will do.)

    3 votes