Wetlands Protections Under Biden Administration Altered

The Biden administration has made changes to regulations aimed at protecting wetlands, following a Supreme Court ruling that limited the federal government’s jurisdiction over them. Under the new rule, wetlands must be more clearly connected to other bodies of water, such as rivers and oceans. This shift in policy marks a departure from decades of federal rules regarding the nation’s waterways. Environmental Protection Agency Administrator Michael Regan explained that the agency had no other choice but to make these changes in response to the Supreme Court’s decision.

The Supreme Court’s ruling in May, in favor of an Idaho couple who wanted to build a house near a lake, emphasized property rights over concerns about clean water. Chantell and Michael Sackett objected to the requirement to obtain a permit before filling part of their property with rocks and soil. This ruling is the latest in a series of decisions where a conservative majority on the high court has narrowed the scope of environmental regulations. Despite his disappointment with the decision, Regan stated that the EPA and Army Corps of Engineers must apply it alongside state regulators.

For years, developers and agricultural groups have sought to limit the federal government’s authority to regulate waterways under the Clean Water Act. They argue that the law should cover fewer types of rivers, streams, and wetlands. On the other hand, environmental groups have advocated for a broader definition to protect more waters. The Supreme Court’s decision diverged from a 2006 opinion by former Justice Anthony Kennedy, which stated that wetlands were regulated if they had a “significant nexus” to larger bodies of water. Critics have long claimed that this standard is ambiguous and difficult to interpret.

The newly announced rule revises a previous rule regulating “waters of the United States.” It eliminates the consideration of the “significant nexus” test when identifying federally protected tributaries and other waters. Because the purpose of the new rule is to amend specific provisions of the invalidated previous rule, it will take effect immediately, according to the EPA.

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