In Defense of Vulnerable Wetlands

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May 2023, the U.S. Supreme Court decision radically reshaped provisions of the Clean Water Act overseeing the nation’s wetlands. In a 5-4 decision the court decided with developers and farmers that the government no longer has the authority to prevent damage to inland, non-tidal wetlands unless they have an obvious “continuous surface connection” to water that leads to larger, easily navigated waterways. 

An estimated 17 million to 90 million acres of nontidal wetlands lost federal protections, according to one analysis. The Trump administration issued a notice in March that it is developing new definitions under the law to further limit oversight of inland, non-tidal wetlands. 

Wetlands serve as the nursery, pantry, sturdy kidneys, and big storage bladder of ecosystems. They provide unrivaled shelter and nourishment to countless animals and microbes, filter and purify water, and hold surges of floodwater in place during storms. The Court’s decision, at the very least, means that in the era of more frequent and powerful storms flooding in affected areas will get worse.  

• Controversial U.S. Supreme Court decision threatens the country’s inland wetlands with new development, study says

• Down the Drain: A watershed moment for America’s greatest wetlands 

• The US is losing wetlands at an accelerating rate − here’s how the private sector can help protect these valuable resources 

• Jury orders Chevron to pay more than $744m for destroying Louisiana wetlands

• Fish and Wildlife Service Wetlands Status and Trends Report – Latest edition