WASHINGTON — The Biden administration weakened regulations protecting millions of acres of wetlands Tuesday, saying it had no choice after the Supreme Court sharply limited the federal government’s jurisdiction over them.
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 rule announced Tuesday revises a rule finalized earlier this year regulating “waters of the United States.” Developers and agriculture groups have long sought to limit the federal government’s power to use the Clean Water Act to regulate waterways, arguing the law should cover fewer types of rivers, streams and wetlands. Environmental groups have long pushed for a broader definition that would protect more waters.
“This revised rule does not adequately comply with Supreme Court precedent,” said Courtney Briggs, chair of the industry group Waters Advocacy Coalition in a statement. “Even worse, the agencies blocked public input and engagement in the revision process.” The rule issued Tuesday removes the “significant nexus” test from consideration when identifying tributaries and other waters as federally protected.
Julian Gonzalez, senior legislative counsel with Earthjustice, said EPA did what it was forced to do after Sackett and weakened wetlands rules. He said the change is also likely to weaken protections for ephemeral streams, which only flow after rainstorms and are especially common in the arid Southwest.
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