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The Conversation
The Conversation
Environment
Albert C. Lin, Professor of Law, University of California, Davis

The Supreme Court just shriveled federal protection for wetlands, leaving many of these valuable ecosystems at risk

Many ecologically important wetlands, like these in Kulm, N.D., lack surface connections to navigable waterways. USFWS Mountain-Prairie/Flickr, CC BY

The U.S. Supreme Court has ruled in Sackett v. EPA that federal protection of wetlands encompasses only those wetlands that directly adjoin rivers, lakes and other bodies of water. This is an extremely narrow interpretation of the Clean Water Act that could expose many wetlands across the U.S. to filling and development.

Under this keystone environmental law, federal agencies take the lead in regulating water pollution, while state and local governments regulate land use. Wetlands are areas where land is wet for all or part of the year, so they straddle this division of authority.

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