The U.S. Supreme Court's ruling in Sackett v. Environmental Protection Agency limits federal oversight of wetlands. Only bodies of water with a 'continuous surface connection' to traditional navigable waters are now protected. This results in an estimated 60% of wetlands losing federal protection, as those fed by intermittent streams are excluded. The EPA under President Biden attempted to protect adjacent wetlands broadly, but the Trump administration signaled a more restrictive interpretation of WOTUS. Ambiguities in the ruling leave definitions of wetland protection open to agency interpretation.
"The U.S. Supreme Court's 2023 decision on Sackett v. Environmental Protection Agency dramatically weakened protections for millions of acres of the West's essential wetlands and streams."
"Under the ruling, only bodies of water with a 'continuous surface connection' to a 'relatively permanent' traditional, navigable water body can be legally considered part of the waters of the United States (WOTUS) and therefore covered by the Clean Water Act."
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