#NewMexico Governor Lujan Grisham calls out U.S. Supreme Court #WOTUS Decision as ‘devastating’ to New Mexico’s waters — The Carlsbad Current Argus

Birds and water at Bosque de Apache New Mexico November 9, 2022. Photo credit: Abby Burk

Click the link to read the article on the Carlsbad Current Argus website (Adrian Hedden). Here’s an excerpt:

New Mexico’s state leaders criticized the Republican-led U.S. Supreme Court for a recent decision that could limit protections for waterways throughout the arid state. The Supreme Court issued a judgement on May 25 in Sackett vs. the U.S. EPA, ultimately finding the Clean Water Act (CWA) only applied to wetlands that are directly connected to permanent bodies of water…The opinion was written by Justice Samuel Alito, with the other members issuing concurring opinions in the case.

“In sum, we hold that the CWA extends to only those ‘wetlands with a continuous surface connection to bodies that are waters of the United States in their own right, so that they are ‘indistinguishable’ from those waters,” read Alito’s opinion. “This holding compels reversal here. The wetlands on the Sacketts’ property are distinguishable from any possibly covered waters.”

But New Mexico Gov. Michelle Lujan Grisham contended the decision weakened the Clean Water Act and could put many of New Mexico’s fragmented rivers and streams at risk. In a statement following the verdict, Lujan Grisham said she was “appalled” and contended the ruling would leave 90 percent of New Mexico’s waters without federal protection from development. Lujan Grisham said her administration planned to study how state law could be used to fill any “regulatory gaps” created by the Supreme Court ruling to protect the state’s limited water resources.

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