By Lisa Friedman, Coral Davenport | The New York Times
The Biden administration on Tuesday lifted protections from pollution for millions of acres of wetlands, three months after the Supreme Court found that it lacked the authority to regulate them.
In May, the Supreme Court ruled that the federal government can no longer control discharges into wetlands near bodies of water unless they have “a continuous surface connection” to those waters.
That effectively made thousands of wetlands and waterways off limits to any government pollution controls because they do not connect directly to larger bodies of water.
Experts in environmental law said the decision in Sackett v. Environmental Protection Agency would leave many wetlands subject to pollution without penalty, and White House officials said it would jeopardize sources of clean drinking water.
Still, on Tuesday, the administration said it was abiding by that ruling by issuing a new regulation that essentially exempts millions of streams, marshes and wetlands from federal protection. Michael Regan, the E.P.A. administrator, said that neither he nor the head of the U.S. Army Corps of Engineers had any choice.
“While I am disappointed by the Supreme Court’s decision in the Sackett case, E.P.A. and Army have an obligation to apply this decision,” Mr. Regan said in a statement. “Moving forward, we will do everything we can with our existing authorities and resources to help communities, states and Tribes protect the clean water upon which we all depend.”
“This ruling should have major implications on property owners throughout Arizona, some of whom have been prevented from developing their land because of the approach to wetland protection. Now, development can occur.” -Jordan Rose, Rose Law Group founder and president
