FILE - A turtle pokes its nose out of the water in the wetlands inside Sugar Hollow Park in Bristol, Va., June 12, 2023. The Biden administration weakened regulations protecting millions of acres of wetlands Tuesday, Aug. 29, saying it had no choice after the Supreme Court sharply limited the federal government’s jurisdiction over them.
Environmental Protection Agency Administrator Michael Regan said the agency had no alternative after the Supreme Court sharply limited the federal government’s power to regulate wetlands that do not have a “continuous surface connection” to larger, regulated bodies of water. “While I am disappointed by the Supreme Court’s decision in the Sackett case, EPA and Army have an obligation to apply this decision alongside our state co-regulators,” Regan said in a statement Tuesday.
Justice Elena Kagan wrote in a dissent that the majority’s decision was political, improperly weakening regulatory powers Congress gave the federal government. Because the sole purpose of the new rule is to amend specific provisions of the previous rule that were rendered invalid by the high court, the new rule will take effect immediately, the EPA said.
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