It’s been eight months since the Supreme Court handed down its legally and scientifically baseless decision in Sackett v. EPA that gutted federal protections for wetlands. This radical decision has already wreaked havoc on wetlands jurisdiction, reducing federal authority over wetlands to levels not seen since the 1970s.
Supporters claim it would “clarify”
The claims of its supporters that it would “clarify” federal jurisdiction have proven baseless, and it has even caused confusion and uncertainty at the state level, despite the fact the decision did not alter any state’s jurisdiction over water pollution. That is the silver lining to Sackett – states’ jurisdiction over water pollution remains (mostly) intact.
Protections for Wetlands
In most states, protections remain in place for wetlands and other water bodies that are crucial to the health of our rivers, streams, lakes, and drinking water. In Missouri, protections for wetlands, gaining and losing streams, ephemeral streams, and others remain in place at the state level. But even this saving grace has created problems for states trying to navigate the bewildering regulatory landscape that the Supreme Court and Justice Alito have created with their decision.
Not everyone appreciates this, however. In the aftermath of Sackett, representatives of some of Missouri’s biggest polluters tried to take advantage of this confusion. They appealed to our state’s Clean Water Commission, gleefully offering the specious interpretation that Sackett required the Commission to reduce Missouri’s jurisdiction over wetlands, ephemeral streams, and even hydrologically modified streams.
Thank you to environmental groups!
Thankfully, after pushback from environmental groups, including Missouri Confluence Waterkeeper and Great Rivers Environmental Law Center, and a definitive statement from one of the Department of Natural Resources’ attorneys, Joel Reschly, these polluters appear to have abandoned their attacks on clean water through the state’s regulatory process.
Click HERE to read about the wetlands in the complete article by MCE Member and water policy expert, Charles Miller
