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

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The Biden Administration weakened protections for wetlands on Tuesday.

A turtle pokes its nose out of the water in the wetlands inside Sugar Hollow Park in Bristol, Va., June 12, 2023.

Justices boosted property rights over concerns about clean water in a May ruling in favor of an Idaho couple 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 ruling was the second decision in as many years in which a conservative majority on the high court narrowed the reach of environmental regulations.

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 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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