the federal government's power to regulate wetlands that do not have a"continuous surface connection" to larger, regulated bodies of water.Idaho couple
The new rule is highly unusual and responds specifically to the Supreme Court ruling in the Sackett case. Typically, a rule is proposed, the public weighs in and then the federal government releases a final version. This rule changes existing policy to align with the recent Supreme Court decision and is final.
The rule issued Tuesday removes the “significant nexus” test from consideration when identifying tributaries and other waters as federally protected. In December, the Biden administration finalized its regulations basing them on definitions in place prior to 2015 that federal officials hoped were durable enough to survive a court challenge. They protected many small streams, wetlands and other waters and repealed a Trump-era rule that environmentalists said left far too many of those waterways unregulated.
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