Did the Biden administration remove federal protections for most of the country's wetlands?

The Biden administration has removed federal protections for a majority of the country's wetlands in compliance with a recent U.S. Supreme Court ruling. The Environmental Protection Agency (EPA) and Department of the Army announced a final rule that amended the definition of "waters of the United States" to align with the decision in Sackett v. EPA. The ruling narrowed the scope of the Clean Water Act and reduced the agency's power to regulate waterways and wetlands. As a result, numerous wetlands will no longer be under federal protection, potentially affecting up to 63 percent of wetlands by acreage. Additionally, an estimated 1.2 million to 4.9 million miles of ephemeral streams could be impacted. The EPA stated that the amendments only changed the invalidated parts of the previous rule and removed the significant nexus test when identifying tributaries and other waters for federal protection. Environmental groups and developers have long debated the extent of the Clean Water Act's protection of waterways and wetlands.

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