Report: Sacket v. EPA The State of Our Waters One Year Later — ProtectCleanWater.org

Click the link to access the report on the ProtectCleanWater.org website. Here’s an excerpt:

July 2024

Introduction

One year ago, the Supreme Court issued its sweeping decision in the case Sackett v. EPA, which invalidated federal Clean Water Act protections for most streams and wetlands in the United States. Since then, the fight for clean water protections has been at the state level. This report outlines the state of clean water protections one year out from the Sackett decision and why federal protections for our critical waters is vital in the face of worsening climate change and other threats.

In the year since the Supreme Court ruling, two states passed or introduced legislation to create new permitting programs to fill the gap in federal protections and eight states passed or introduced stronger laws and policies to strengthen state protections. Two states passed legislation weakening state-level protections, while efforts to weaken state protections failed in four other states.

The Importance of Wetlands and Streams

Wetlands and streams are the livers and heart of our ecosystems. These critical waters prevent flooding, filter pollution, store carbon, and provide critical habitat for wildlife. According to the Environmental Protection Agency (EPA), ”Wetlands are among the most productive ecosystems in the world, comparable to rain forests and coral reefs.”

Similarly, streams that flow only part of the year play a critical role in maintaining the quality and supply of our drinking water and aid water conservation.

Our lakes and rivers depend on these critical waters, which in turn depend on the Clean Water Act (CWA or the Act) for protections to keep them healthy for fishing and swimming, agriculture and other business uses, and as a source for drinking water. In many cultures, particularly Indigenous cultures, water has a deep religious and spiritual element, and water is seen as life — waters are considered sacred places to cherish and protect. To limit their protection under the CWA could degrade the quality of water in waterways that people and wildlife depend on.

Healthy mountain meadows and wetlands are characteristic of healthy headwater systems and provide a variety of ecosystem services, or benefits that humans, wildlife, rivers and surrounding ecosystems rely on. The complex of wetlands and connected floodplains found in intact headwater systems can slow runoff and attenuate flood flows, creating better downstream conditions, trapping sediment to improve downstream water quality, and allowing groundwater recharge. These systems can also serve as a fire break and refuge during wildfire, can sequester carbon in the floodplain, and provide essential habitat for wildlife. Graphic by Restoration Design Group, courtesy of American Rivers

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