The Biden administration has weakened regulations protecting millions of acres of wetlands, stating that it was necessary following a Supreme Court ruling that limited the federal government's jurisdiction over them. In a final rule issued by the Environmental Protection Agency (EPA) and the Department of the Army, the definition of "waters of the United States" has been amended to align with the Supreme Court's decision, thus reducing federal protections for a majority of the country's wetlands. This decision comes after decades of debate between developers and environmental groups over the scope of the Clean Water Act in protecting waterways and wetlands.
The Supreme Court ruling in Sackett v. EPA, which narrowed the scope of the Clean Water Act, led to the EPA removing the "significant nexus" test from consideration when designating waterways and wetlands as federally protected. This change will have a significant impact on wetlands across the country, potentially affecting up to 63% of wetlands by acreage and an estimated 1.2 million to 4.9 million miles of ephemeral streams.
While the Biden administration's decision is seen as a response to the court's ruling, it has sparked criticism from environmentalists who argue that weakening clean water protections will have detrimental effects on water quality, wildlife habitats, and overall ecosystem health.