After Supreme Court curtails federal power, Biden administration weakens water protections

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The Biden Administration weakened protections for wetlands on Tuesday.

FILE - Bethsaida Sigaran, left, of Baltimore, her brother Jaime Sigaran, with American Rivers, and Thea Louis, with Clean Water Action, join supporters of the Clean Water Act as they demonstrate outside the Supreme Court, Oct. 3, 2022, in Washington, as the court begins arguments in Sackett v. Environmental Protection Agency . The Biden administration weakened regulations protecting millions of acres of wetlands Tuesday, Aug.

who sought to build a house near a lake. Chantell and Michael Sackett had objected when federal officials required them to get a permit before filling part of the property with rocks and soil. The Supreme Court ruling was a win for developer and agriculture groups. It said federally protected wetlands must be directly adjacent to a “relatively permanent” waterway “connected to traditional interstate navigable waters,” such was a river or ocean.The court's decision broke with a 2006 opinion by former Justice Anthony Kennedy that said wetlands were regulated if they had a “significant nexus” to larger bodies of water.

The Supreme Court ruling “created uncertainty for Clean Water Act implementation,'' the EPA said in a statement Tuesday. The Biden administration issued the amended rule ”to provide clarity and a path forward consistent with the ruling,'' the agency said.

 

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