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The question is whether the nation values its water enough to resist the administration's wholesale attack on environmental protections.
This spring and summer, I was awed by the majesty of waterways cleaned up in the Northeast by the strong environmental laws we’ve had in place over the last half century.
At home in Cambridge, Massachusetts, I walked along the banks of the Charles River as it winds its way through greater Boston. In the mid 20th century, it was so fouled by industrial pollution that boaters who fell into the water were advised to get tetanus shots. Today, thousands of river herring speed upstream in the spring to spawn. One morning, I came upon six great blue herons grabbing herring out of the water as gulls swooped down for the leftovers. The Charles is now its own wildlife refuge.
I also ventured south to the Bombay Hook National Wildlife Refuge in Delaware, where I witnessed migrating bald eagles descending from the sky to pluck fish out of the water and great blue herons gobbling up white perch bigger than their heads. Once a swampy muck, it was transformed into what it is today thanks to a segregated African American Civilian Conservation Corps team 85 years ago. Its marshes are so important for migratory birds that the Obama administration poured more resources into it in the Delaware River Basin Conservation Act.
Heading north, my wife and I canoed on the Penobscot River and the Androscoggin River in Maine. Both rivers once had the oxygen literally sucked out of them by poisons from paper mills, tanneries, chemical companies, sewage facilities, and farm runoff. It was so polluted that Suzanne Clune, an 11-year-old girl who lived along the Androscoggin, wrote Maine Sen. Ed Muskie to complain about the stench from floating dead fish. Her letter was one of the inspirations for Muskie to introduce a bill in 1971 that would become the Clean Water Act.
The current occupants of the White House, Congress, and the Supreme Court are clearly bent on tearing the Clean Water Act to shreds.
Five decades later, the river teems with wildlife. My wife and I saw eagles, herons, kingfishers, and osprey snapping up fish; moose and deer munching in marshes; harrier hawks patrolling the marshes for mice and voles; and beavers slapping their tails.
As enthralling as our encounter was with Maine wildlife, we paddled on not knowing if their habitat—or the habitat in Massachusetts and Delaware—will continue to be protected. The current occupants of the White House, Congress, and the Supreme Court are clearly bent on tearing the Clean Water Act to shreds. This month, in the administration’s latest move to hand the fate of our waterways and wetlands back to polluters, the Environmental Protection Agency (EPA) officially proposed to remove most wetlands from federal protection.

In 2023, the Supreme Court, which President Donald Trump packed in his first term to create a conservative supermajority, set the stage for the EPA’s announcement by ruling that countless wetlands and ephemeral Western streams were not worthy of protection. Earlier this year, the high court also ruled that the EPA cannot punish polluters when their raw sewage discharges jeopardize water quality.
Confident that the Supreme Court will defend it against environmental group challenges, the second Trump administration is proposing a 2026 fiscal year budget that would slash at least $5 billion from a slew of EPA, Interior Department, and US Department of Agriculture programs that protect water quality, foster water conservation, and fund water pollution science.
The EPA’s budget itself is slated for a 55% cut. Among the biggest targets are the agency’s State Revolving Fund program that supports water infrastructure projects; water management projects in the West; Superfund cleanups; the US Geological Survey’s water, energy, mineral, and ecosystem research; and the US Fish and Wildlife Service’s conservation and science programs.
As a paddler and river rambler, I have certainly profited from the gift of a half century of clean water protections, marveling at heron spearing herring and eagles careening in the sky.
Those proposed cutbacks come on top of those already made this year, including the cancellation of nearly 800 EPA environmental justice grants and a $2.5 billion cut from the $3 billion Biden administration program addressing injustices in marginalized communities. Many of the canceled grants involve projects protecting water, including removing lead, PFAS, and other toxic chemicals from drinking water; preventing floods; cleaning watersheds to protect wildlife; and upgrading wastewater and sewer systems.
EPA Administrator Lee Zeldin is also relaxing rules or extending deadlines on wastewater and coal ash from coal plants and handing coal ash dump oversight back to the states. He has proposed to repeal mercury and air toxics emissions limits and compliance procedures. He withdrew stricter standards for wastewater discharges from the meat and poultry industry that can cause oxygen-depleting algal blooms lethal to fish and contaminate drinking water.
To justify such sweeping cutbacks, which threaten the health of people, wildlife, and entire ecosystems, the Trump administration claims it is saving taxpayers billions of dollars in “waste” when in fact it is rewarding the polluting industries that have bankrolled Republican campaigns for decades.
The smokescreen of “waste” also obscures the goal of conservatives, as laid out loud and clear in the Heritage Foundation’s Project 2025 blueprint, to ignore environmental injustice in communities of color that have endured centuries of displacement, disinvestment, discrimination, and disproportionate pollution. The Biden administration EPA identified a $625-billion backlog in drinking water infrastructure needs, a critical issue for African American communities exposed to lead via multiple sources, including tainted drinking water.

Cleaning up US waterways not only benefits public health, it also benefits the economy. The Environmental Data and Governance Initiative, a nonprofit research collaborative, estimates that the $2.5 billion in canceled grants would have resulted in $6.4 billion worth of economic activity and created 65,000 jobs. The Supreme Court’s ruling that puts wetlands at risk, meanwhile, will undermine the critical role they play as nurseries for the nation’s commercial and recreational fisheries that were worth at least $321 billion in 2022 and accounted for 2.3 million jobs.
Clean water also is vitally important for the outdoor recreation industry. In 2022 alone, Americans spent nearly $400 billion on fishing, hunting, and wildlife watching. Then there are the health threats to consider. A 2024 report by the Centers for Disease Control and Prevention estimated that waterborne pathogens annually cause more than 7 million illnesses, 118,000 hospitalizations, and 6,630 deaths at a cost of $3.33 billion.
The Trump administration’s attack on environmental safeguards comes amid a string of good news stories directly tied to the Clean Water Act. Examples include:

This is not the time to turn back the clock. Although the Chicago River is now clean enough to swim in again, 68% of Chicago children below the age of 6 drink lead-contaminated water. And, according to the EPA’s own data, at least half of the US population drinks water contaminated by PFAS, the so-called “forever chemicals” that have been linked to cancer and other diseases.
The EPA’s National Rivers and Streams Assessment, updated last year, found that the percentage of rivers and streams with healthy and diverse fish communities increased from 25% to 35%—not even close to half. According to the assessment, nearly half of rivers and streams are still in fair or poor condition for fish.
More work also needs to be done on the rivers I visited earlier this year. Mercury remediation efforts have just begun on the Penobscot, for example. During heavy rains, the Charles is still at the mercy of antiquated pipes that discharge raw sewage into it.
Acclaimed author Maya Angelou explained perfectly why we need to clean up our rivers. “When we cast our bread upon the waters,” she wrote, “we can presume that someone downstream whose face we will never know will benefit from our action, as we who are downstream from another will profit from that grantor’s gift.”
As a paddler and river rambler, I have certainly profited from the gift of a half century of clean water protections, marveling at heron spearing herring and eagles careening in the sky. We are so close into turning once-toxic waters into wildlife refuges and are so much more aware—especially after the Flint water crisis—of the value of pristine drinking water.
The question is whether the nation values its water enough to resist this wholesale attack on environmental protections. It is crystal clear what levels of pollution the Trump administration is willing to cast upon the waters. We should not have to wait for another young girl to write a letter about dead fish floating in a river to get a senator’s attention.
This article first appeared at the Money Trail blog and is reposted here at Common Dreams with permission.
"This ruling undermines decades of progress in environmental protection and leaves communities vulnerable to unchecked pollution," said one critic.
The right-wing U.S. Supreme Court on Tuesday overturned federal rules regulating the discharge of water pollution, weakening the Clean Water Act in an unusual case in which one of the country's greenest cities found itself at odds with the Environmental Protection Agency.
The high court ruled 5-4 in San Francisco v. Environmental Protection Agency that EPA limitations banning discharges that cause or contribute to violations of water quality standards are an overreach of the agency's statutory authority. The California city joined polluter lobbyists including the National Mining Association, American Farm Bureau Federation, and American Fuel and Petrochemical Manufacturers in challenging the EPA's so-called "end-result" requirements.
The ruling severely limits the power of the EPA and states to safeguard water quality under the Clean Water Act (CWA) and undermines the landmark law's stated mission to "restore and maintain the chemical, physical, and biological integrity of the nation's waters."
In a 5-4 decision, the Supreme Court weakened the Clean Water Act's limitations on raw sewage discharge into our water. This will hurt the health of Americans, especially working class people from all backgrounds. Americans deserve clean water.
— Nina Turner ( @ninaturner.bsky.social) March 4, 2025 at 8:57 AM
Writing for the majority—which also included Chief Justice John Roberts and Justices Brett Kavanaugh, Clarence Thomas, and Neil Gorsuch—far-right Justice Samuel Alito asserted that the EPA "resorting to such requirements is not necessary to protect water quality," and that "if the EPA does its work, our holding should have no adverse effect on water quality."
Alito apparently did not take into account what the Sierra Club has called the Trump administration's " unprecedented" attacks on the EPA, one of numerous federal agencies targeted by Elon Musk's Department of Government Efficiency for terminations and cutbacks.
Justice Amy Coney Barrett joined the three liberal justices—Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson—in dissent.
Tuesday's ruling follows Sackett v. Environmental Protection Agency, a 2023 decision in which the high court severely curtailed protections for "waters of the United States" by holding that the CWA only covers wetlands and permanent bodies of water with a "continuous surface connection" to "traditional interstate navigable waters."
Responding to Tuesday's ruling, Sanjay Narayan, chief appellate counsel of Sierra Club's Environmental Law Program, said in a statement that "SCOTUS' decision ignores the basic reality of how water bodies and water pollution work, and could stymie the ability of the EPA to implement the Clean Water Act, a bedrock environmental law that has kept water safe for the last 50 years."
"Because the EPA is not allowed to include health-based standards when regulating water pollution, it'll need to know everything about what might be discharged before a clean water permit can be issued—making the permitting process delayed and incredibly expensive," Narayan added. "The result is likely to be a new system where the public is regularly subjected to unsafe water quality."
Waterkeeper Alliance CEO Marc Yaggi said that "bit by bit, the power of the Clean Water Act is being undermined, weakening protections for our waters, and limiting EPA's ability to safeguard public health and the environment."
"The Supreme Court has set a dangerous precedent that could compromise the safety of our rivers, lakes, and drinking water sources," Yaggi added. "This ruling undermines decades of progress in environmental protection and leaves communities vulnerable to unchecked pollution."
Campaign for New York Health executive director Melanie D'Arrigo said on social media, "The five Supreme Court justices who voted to weaken the Clean Water Act should be forced to drink a nice tall glass of raw sewage discharge."
Under the Clean Water Act, the agency should protect our water from harmful factory farm pollution, but the agency’s regulations have been failing for decades to achieve the act’s most basic requirements.
By design, factory farms generate stunning amounts of waste from the thousands or even millions of animals they confine. And while the industry swears it treats that waste “responsibly,” neighboring communities know otherwise.
Under the Clean Water Act, the Environmental Protection Agency (EPA) should protect our water from harmful factory farm pollution. But the agency’s regulations have been failing for decades to achieve the act’s most basic requirements, a fact that EPA admits.
According to the agency’s own data, roughly 10,000 of the nation’s largest factory farms, also known as concentrated animal feeding operations (CAFOs), are illegally discharging dangerous pollution to waterways without the required federal permit. As a result, we’re facing a pollution crisis of epic proportions, threatening our drinking water, health, and environment.
When allowed to handle their waste cheaply, with little regard for the toll on people and the environment, their profit margins soar.
So in 2017, we led dozens of allies to petition EPA to strengthen its regulations to ensure all polluting CAFOs have Clean Water Act permits that effectively protect waterways as the law requires. When it denied our petition and refused to act, we sued.
A host of industry groups representing factory farm interests intervened in the case to defend EPA’s refusal to act. This comes as no surprise, as the industry has long peddled misleading arguments and downright lies to preserve the status quo. That’s because factory farms reap huge benefits from the lack of regulation. When allowed to handle their waste cheaply, with little regard for the toll on people and the environment, their profit margins soar.
This September, I countered those arguments in person before the federal Ninth Circuit Court of Appeals, explaining why EPA must strengthen its CAFO regulations to safeguard our water and our health.
Here’s the truth behind three false claims industry is pushing:
In their brief, industry groups claim that “modern feeding operations are designed and engineered to produce healthy animals and minimize environmental impacts from manure.” This is patently false. The industry employs—and EPA’s lax regulations allow— the cheapest waste management practices possible, with little concern for public health or the environment.
For instance, factory farms store millions of gallons of waste in open cesspools that are designed to leak, threatening drinking water. And because hauling waste away is expensive, they dump as much as they can onto nearby fields, where it runs off into waterways.
We, the scientific community, and EPA all know that lax regulations have fueled the current factory farm pollution crisis.
This is a main reason why CAFOs’ waste is such a big threat to our water. They claim they’re using this waste to fertilize crops, but in reality, they apply far more than the land or plants can absorb. It’s also common practice to dump waste on land that has no hope of absorbing any of it, including fields frozen solid in the dead of winter.
There is a trove of scientific literature documenting all of this, and even EPA concedes that its faulty regulations are to blame. Yet, EPA claims it lacks enough information to improve its regulations. This reasoning is frankly ridiculous, especially since the agency admitted it had not even reviewed the thousands of pages of scientific and government data we gave to it when we submitted our petition, including research it conducted itself.
In their brief, industry groups aim to sow doubt on this topic, but we, the scientific community, and EPA all know that lax regulations have fueled the current factory farm pollution crisis.
The industry also defended an EPA rule that has created a loophole enabling thousands of CAFOs to circumvent the law. Under the Clean Water Act, polluting facilities must get a permit that requires them to limit and monitor their pollution discharges.
However, since 2003 EPA has chosen to interpret the statute in a way that exempts a huge portion of factory farm pollution from regulation. This “agricultural stormwater” exemption has also allowed the vast majority of factory farms to evade permitting requirements altogether, even for pollution that doesn’t fall under the exemption.
So we’re not surprised that the industry is determined to preserve this loophole. In its brief, it falsely claims that federal law requires EPA to apply this exemption to CAFOs. But in fact, the congressional and regulatory records make clear that legislators never intended for the exemption to apply to CAFOs or their waste disposal practices, and EPA understood that.
Contrary to industry claims, EPA applied this exemption to factory farms by its own discretion; the law did not compel them to. Now, in the face of substantial evidence that thousands of operations are exploiting this free pass, EPA can and must narrow the exemption and place stringent regulations on polluting factory farms, as Congress intended.
Finally, industry groups argue that the current regulatory regime is working. They even point to Iowa and North Carolina as shining success stories for manure management. What they fail to mention is that these states have some of the worst factory farm-polluted waters in the country, because state regulators allow these operations to pollute with impunity. In fact, these states have laws that prohibit their environmental agencies from passing factory farm water pollution regulations more stringent than EPA’s.
EPA itself admits its primary pollution control strategy, “nutrient management plans,” are inadequate. For decades, the agency has assumed these plans minimize pollution runoff from fields applied with manure. That’s what the industry would like us to believe, too. But the truth is—as EPA recently acknowledged—nutrient management plans don’t do enough to protect against pollution because that’s not even their main focus.
The reality is that the status quo is not protecting rural communities from harmful factory farm pollution.
Instead, they prioritize “maximizing crop growth” where manure is applied. To fulfill its obligations under the Clean Water Act, EPA must stop pretending that nutrient management plans are a silver bullet for factory farm pollution.
The reality is that the status quo is not protecting rural communities from harmful factory farm pollution. Weak state regulations matter even less when the national permit program—the bedrock of factory farm pollution regulation—isn’t effective. EPA can and must overhaul its factory farm regulations.
EPA’s foot-dragging is welcome news to the factory farm industry. Under the agency’s current regulations, factory farms can continue cutting costs through irresponsible manure handling. They can dump the costs of their waste onto their neighbors, leaving rural communities with undrinkable water, health problems, and devastated quality of life.
This needs to change. EPA must stop toeing the industry line and finally stop this pollution.
Arguing before the court in September, EPA agreed the factory farm pollution problem was severe, but it swore up and down it was taking it seriously, pointing to an ongoing study Food & Water Watch forced the agency to launch through other litigation and an advisory committee it convened after denying our petition.
However, these are simply delay tactics. The study focuses narrowly on pollution standards that only apply to permitted factory farms, even though the heart of the problem is that thousands of factory farms don’t have permits to begin with. To add insult to injury, the study group is controlled by industry representatives. It’s simply not believable that the study process will lead to stronger environmental protections.
EPA’s weak arguments underscore what we’ve known for years: to address this pollution crisis, the agency must step up and strengthen its regulations. Not only do suffering communities need EPA to do its job, but the law demands it.
"Congress and local elected officials must now step in and do more to protect clean water through durable legislation and state-based action," said one advocate.
Under a U.S. Supreme Court ruling condemned by clean water advocates earlier this year, the Environmental Protection Agency on Tuesday announced a revised rule that could clear the way for up to 63% of the country's wetlands to lose protections that have been in place nearly half a century under the Clean Water Act.
EPA Administrator Michael Regan said he had been "disappointed" by the 5-4 decision handed down in Sackett v. Environmental Protection Agency in May, but he was obligated under the ruling to issue a final rule changing the agency's definition of "waters on the United States."
As Common Dreams reported, the high court ruled in May that the Clean Water Act protects waters and wetlands that have a "continuous surface connection to bodies that are waters of the United States in their own rights," such as major rivers and coastlines.
Prior to the ruling, the Clean Water Act protected wetlands as long as they had a "significant nexus" to regulated waters, but the EPA rule removes that test from consideration when determining if a waterway should be protected. The rule will leave streams and tributaries—and the communities adjacent to them—without protections from pollution that can be caused by housing and business development, mining, pipeline construction, and a number of industries.
The ruling and resulting EPA rule reflected "the Supreme Court's disturbing pattern of striking down environmental regulations to serve industry interests," said environmental law group Earthjustice on Tuesday.
An EPA official told The Washington Post that an estimated 1.2 million to 4.9 million miles of ephemeral streams across the U.S. would immediately lose protections now that the final rule has been issued.
Julian Gonzalez, a water policy lobbyist with Earthjustice, told the Post that changing the rule is "not necessarily what they want to do" at the EPA, while Patrice Simms, the group's vice president of litigation for healthy communities, called the court's ruling a "politically motivated decision" that "ignores science and flies in the face of what almost everyone knows: that we all need clean water."
"The Supreme Court's right-wing supermajority's disastrous ruling in Sackett v. EPA reduced EPA's ability to protect our wetlands and waters from destruction and contamination," said Simms. "The new rule from EPA adjusts its existing regulations to comport with Sackett and reflects our dangerous new reality—one where mining companies, Big Ag fossil fuel developers, and other polluting industries can bulldoze and fill wetlands indiscriminately, harming our public health and ecosystems."
With state regulatory agencies and legislatures now empowered to determine how wetlands are protected, Earthjustice said waterways in states including Texas, Kentucky, Oklahoma, and Colorado are the most vulnerable to industrial pollution. States including Vermont, New York, and Minnesota currently have some of the strongest protections in place.
Marc Yaggi, CEO of Waterkeeper Alliance, said that with the climate and pollution crises becoming increasingly destructive, "there could not be a worse time to weaken the Clean Water Act."
"Intensifying droughts are wreaking havoc on agriculture, pollution and toxins are increasingly threatening water sources nationwide, and millions of people are contending with dangerously contaminated drinking water," said Yaggi. "Congress and local elected officials must now step in and do more to protect clean water through durable legislation and state-based action."
"We have seen states like Florida work with the Trump administration, cutting corners to unlawfully take this permitting authority from federal agencies, with disastrous consequences," noted one lawyer.
An environmental law group on Wednesday sounded the alarm over a proposed Biden administration rule intended to "streamline and clarify the requirements and steps necessary for states and tribes to administer programs protecting waterways from discharges of dredged or fill material without a permit."
Earthjustice warned in a statement that the new U.S. Environmental Protection Agency (EPA) proposal—for which the administration will now accept and consider public comment—could "allow more pollution and reckless development" in U.S. waterways and wetlands.
The rule pertains to Clean Water Act (CWA) Section 404 permitting. While the U.S. Army Corps of Engineers administers it for most of the country, three states—Florida, Michigan, and New Jersey—have been granted the authority to run their own programs with federal oversight.
"EPA must ensure protections for waters and affected communities remain in place through this process, rather than just respond to states' and industry predilection."
However, as E&E News reported in May, "at least two Republican-led states, Alaska and Nebraska, and one led by a Democrat, Minnesota, are on a quest to oversee a dredge-and-fill permitting program that influences construction projects with implications for federally protected waters."
E&E News noted that the EPA confirmed it was "having discussions with the trio of states about the possibility of shifting primacy over the permitting program" as the agency continued to work on the proposal that was unveiled Wednesday.
EPA Assistant Administrator for Water Radhika Fox said Wednesday that the pending rule "will support co-regulator efforts to administer their own programs to manage discharges of dredged or fill material into our nation's waters."
Meanwhile, Julian Gonzalez, senior legislative counsel for Earthjustice's Healthy Communities program, argued that "EPA must ensure protections for waters and affected communities remain in place through this process, rather than just respond to states' and industry predilection without considering the pitfalls and reduced water protections that may follow."
"Most recently we have seen states like Florida work with the Trump administration, cutting corners to unlawfully take this permitting authority from federal agencies, with disastrous consequences," he said. "It is up to EPA to ensure that it will not happen again. Florida will not be the last state that tries to erode federal oversight of our waters and wetlands by taking over 404 permitting while avoiding accountability."
During former President Donald Trump's final months in office, Republican Florida Gov. Ron DeSantis—now one of Trump's competitors for the GOP's 2024 presidential nomination—successfully sought to assume control of 404 permitting for the state, which outraged green groups including Earthjustice.
As Bloomberg reported in April:
The takeover was a big bet that states can both streamline development and better control water pollution than the federal government can. It has provided an early window into how DeSantis might view environmental regulation as president if he decides to run.
But two-and-a-half years into the state takeover, it isn't yet the deregulatory panacea state officials and the EPA had hoped for.
Gonzalez asserted Wednesday that "EPA must retain robust oversight of the 404 permitting process, set strong minimum standards that all states must meet before they can assume a 404 program, and ensure this rule does not result in lesser federal protections under the CWA and other protective laws triggered by federal permits, like the Endangered Species Act."
"EPA must ensure that the final version of this rule reflects the concerns of affected communities, which have been fighting attacks on the Clean Water Act, and who have not been consulted on this issue at all," he added. "A weak framework for 404 assumptions will further embolden the industry's deregulatory agenda to destroy wetlands and pollute our waters in the name of profit. We look forward to giving EPA additional feedback on this important rule."
The EPA proposal comes after the U.S. Supreme Court's right-wing majority in May issued a ruling in Sackett v. EPA that Earthjustice called "a catastrophic loss for water protections across the country and a win for big polluters, putting our communities, public health, and local ecosystems in danger."
The high court was criticized for taking the case as the EPA was working on a new "waters of the United States" (WOTUS) rule that was finalized in December—and which Republicans in Congress, with the help of a few Democrats, recently tried to kill, provoking a veto from Biden.
Despite the veto, congressional opponents of Biden's WOTUS rule have not given up. The GOP-controlled U.S. House Appropriations Committee Appropriations on Wednesday approved a sweeping bill for fiscal year 2024 that would repeal the policy.
The court "ripped the heart out of the law we depend on to protect American waters and wetlands," said one critic, warning that the ruling "will cause incalculable harm."
The U.S. Supreme Court's right-wing majority on Thursday severely curtailed protections for "waters of the United States."
The decision in Sackett v. Environmental Protection Agency (EPA) is "unanimous in result but very split in reasoning," explained Slate's Mark Joseph Stern. "The upshot of Sackett is that, by a 5–4 vote, the Supreme Court dramatically narrows" which wetlands are covered by the Clean Water Act (CWA).
The majority opinion—authored by Justice Samuel Alito and joined by all of the court's other right-wing members except Justice Brett Kavanaugh—concludes that the CWA only applies to wetlands with "a continuous surface connection" to larger bodies of water, excluding those that are "adjacent."
Earthjustice declared in response to the ruling that "this is a catastrophic loss for water protections across the country and a win for big polluters, putting our communities, public health, and local ecosystems in danger."
Manish Bapna, president and CEO of the Natural Resources Defense Council (NRDC), was similarly critical, saying that "the Supreme Court ripped the heart out of the law we depend on to protect American waters and wetlands."
"The majority chose to protect polluters at the expense of healthy wetlands and waterways. This decision will cause incalculable harm. Communities across the country will pay the price," Bapna warned.
"What's important now is to repair the damage," he added. "The government must enforce the remaining provisions of law that protect the clean water we all rely on for drinking, swimming, fishing, irrigation, and more. States should quickly strengthen their own laws. Congress needs to act to restore protections for all our waters."
Elizabeth Southerland, former director of science and technology in EPA's Office of Water, noted that "since 1989, the U.S. government has used Clean Water Act authority to either prevent the filling of wetlands or to permit filling only when an equal acreage of wetlands is reclaimed or restored."
"Wetland preservation is critical for providing flood control, absorbing pollutants, preventing shoreline erosion, storing carbon, and serving as a nursery for wildlife," stressed Southerland, now a volunteer with the Environmental Protection Network.
Thursday's decision, she said, "is a big win for land developers and miners, who will now be free to destroy certain types of wetlands without paying for wetland reclamation," and "a big loss for communities who will have to pay more to treat their drinking water and respond to increased flooding and shoreline erosion."
The high court was criticized for hearing the case—brought by an Idaho couple denied a permit by the EPA—as the federal agency was finalizing a new waters of the United States (WOTUS) rule following the Trump administration's widely condemned rollback. The Biden administration's policy was just finalized in December.
"While Earthjustice and our allies are closely evaluating the impact of the Sackett decision on the new WOTUS regulation," said Sam Sankar, the legal group's vice president of programs, "we can say with certainty that the court has once again given polluting industries and land developers a potent weapon that they will use to erode regulatory protections for wetlands and waterways around the country."
Highlighting that "wetlands play an integral role in protecting downstream waterways and reducing flooding—which will only worsen as climate change makes extreme weather more frequent," Food & Water Watch legal director Tarah Heinzen said the right-wing ruling "rejects this established science in favor of corporate developers' profiteering."
Now, Heinzen added, "the Biden administration and states must get creative and use every tool at their disposal to protect our rivers, streams, and wetlands from this devastating decision."
"As plastic pollution saturates our planet and our bodies, the Biden administration should take every reasonable step to protect our environment and public health," said Rep. Lloyd Doggett.
Citing extensive research which has shown recently that microplastics are ubiquitous in the environment, more than 70 U.S. House members on Friday wrote to the Environmental Protection Agency to demand stronger regulation of the microscopic particles that are used in everyday household items and have been linked to respiratory diseases and cancers.
Rep. Lloyd Doggett (D-Texas) led lawmakers including Reps. Pramila Jayapal (D-Wash.), Mark Pocan (D-Wis.), and Barbara Lee (D-Calif.) in writing the letter, which notes that under the Clean Water Act, the EPA can and should "use its existing statutory authorities to address the growing prevalence of microplastic pollution" across the country.
Currently, the lawmakers said, it is largely being left up to individual states to decide whether to regulate microplastics, leading to "troubling disparities... regarding basic protections."
In Doggett's home state, the Texas Commission on Environmental Quality last year "quickly abandoned" a proposal to require "chemical companies to have internal processes restricting accidental releases of plastic pollution," while California residents are benefiting from a statewide effort led by the California Ocean Protection Council to reduce microplastics in marine environments.
"Federal action should encourage high standards to mitigate microplastics in natural environments, which can ultimately make their way into the food we eat, the water we drink, and the air we breathe," wrote the lawmakers.
The letter points to a 2020 study which found that scientists discovered microplastic pollution in some of the world's most remote places, including Mount Everest, and research from 2021 which suggested the average adult ingests 320,000 microplastics each year.
As Common Dreams reported last year, a team of researchers in the U.K. found tiny microplastic particles lodged in the lungs of 11 out of 13 patients at a hospital, with the most common microplastic found being polypropylene—commonly used in plastic packaging, textiles, and kitchen utensils.
A draft report on microfiber pollution from the EPA and the National Oceanic and Atmospheric Administration (NOAA) found that microplastics "have the potential to impact human reproductive, respiratory, digestive, nervous, and urinary systems," noted Doggett and the other lawmakers on Friday.
"Plastic pollution is not just affecting our oceans and marine life—it's flowing in our bloodstreams and lingering on nearly every object we touch," said Doggett in a statement. "Regulating microplastics as hazardous waste will protect our health and our environment."
The lawmakers wrote that they are "encouraged" by the EPA and NOAA's draft report and accompanying federal plan for preventing microfiber pollution, but called on the agency to take steps under the Clean Water Act—whose "whole purpose is to eliminate the discharge of pollutants into our waters"—to mitigate microplastics in the environment.
The letter calls on EPA Administrator Michael Regan to:
"These are actions that the EPA can and must take now," said Brandon, "to address this growing threat."
The U.S. Supreme Court on Monday began hearing oral arguments in a case that corporate polluters are hoping will take an axe to the Clean Water Act, a bedrock environmental law that protects the nation's streams and wetlands from industry exploitation.
The long-brewing case in question, Sackett v. Environmental Protection Agency, was brought by Idaho couple Chantell and Michael Sackett in partnership with the right-wing Pacific Legal Foundation--and with the backing of industry groups eager to curtail the federal government's authority to regulate and preserve the nation's waterways.
The Sacketts sued after the EPA required them to obtain a federal permit to build on property that contained wetlands adjacent to Idaho's Priest Lake and protected by the Clean Water Act.
The American Petroleum Institute, a powerful oil and gas lobbying group, is among the organizations that have filed amicus briefs urging the Supreme Court to side with the Sacketts and limit the key environmental law.
Listen to the oral arguments in the case:
Climate advocates say Sackett v. EPA represents the right-wing Supreme Court's latest opportunity to hamstring the federal government's authority to protect the environment from destructive corporate activity. In June, the Supreme Court handed down a ruling that restricted the EPA's power to rein in greenhouse gas pollution from power plants.
In an analysis of the case's implications, Earthjustice argued last week that Sackett v. EPA "is not about a parcel of land, let alone a lake house, but is a coordinated push by industry polluters that want to blow a hole in the Clean Water Act, bulldoze cherished wetlands, and contaminate the country's streams with waste from mining, oil and gas, and agro-industrial operations as they see fit, just to maximize their profits."
"If the Supreme Court excludes Clean Water Act protections from major wetlands and other waters," the group warned, "the damage to water quality, flood control, and wildlife habit would be severe, and could pose a grave danger to communities across the country, especially low-wealth communities, Indigenous communities, and other communities of color that all too often bear the brunt of toxic pollution, flooding, and excessive industrial development."
The Sacketts and their supporters are specifically asking the conservative-dominated Supreme Court to adopt a narrower definition of "waters of the United States" that the Clean Water Act protects--an objective that the Trump administration pursued in 2020 before being rebuffed in court.
Critics of the Sacketts' case and their proposed definition of protected waters argue that the narrower interpretation of the Clean Water Act would strip thousands of miles of U.S. waters and wetlands of federal protections, imperiling drinking water, Indigenous sites, and wildlife.
"This decision will be nothing short of a life-or-death sentence for coho salmon, razorback suckers, California tiger salamanders, and hundreds of other endangered animals that rely on ephemeral and intermittently flowing streams and wetlands," Hannah Connor, a senior attorney at the Center for Biological Diversity, said in a statement to The Washington Post.
In an amicus brief submitted earlier this year, a group of senators including Sens. Sheldon Whitehouse (D-R.I.) and Bernie Sanders (I-Vt.) argued that "the industry-funded and industry-promoted arguments made" by the Sacketts and their backers "have been repeatedly rejected by the court, and would empower and enrich polluting corporations at the expense of public health, welfare, and the environment."
"The court should refuse to participate in this industry-driven project," the brief continued. "Reversals of precedent that reek of politics, and are advanced by thinly-disguised but highly motivated industry front groups, create a 'stench' that is likely to undermine the public's remaining faith in the court."
More than 160 advocacy groups on Monday joined progressive U.S. lawmakers in opposing proposed federal permitting reforms negotiated by Sen. Joe Manchin and Democratic leadership that, while "delighting" the fossil fuel industry, have been condemned by activists as a "climate disaster."
"There is no way to mitigate the damage that would be done by this side deal, it must be unequivocally rejected."
Monday's letter to Senate Majority Leader Chuck Schumer (D-N.Y.) and House Speaker Nancy Pelosi (D-Calif.) focuses on the "environmental impacts from reckless hardrock mining and processing" that the proposed side deal between Manchin (D-W.Va.) and party leadership would cause.
The compromise--blasted by opponents like Sen. Bernie Sanders (I-Vt.) as a "dirty side deal"--would allow expedited approval of oil and gas projects like the Mountain Valley Pipeline, a top priority for Manchin, in exchange for the fossil fuel industry-funded senator's support for the Inflation Reduction Act, the weakened reconciliation package signed last month by President Joe Biden.
"A leaked draft of a side deal to weaken and truncate environmental reviews is nothing more than the wishlist for all extractive industries--more extraction, less community input, less scrutiny of potential impacts, and less accountability when harm occurs," the letter states.
"Our concerns include those that relate to the environmental justice impacts to communities and environmental impacts from mining and mineral processing this side deal would cause," the groups added. "There is no way to mitigate the damage that would be done by this side deal, it must be unequivocally rejected."
The letter's signatories argued that "one of this side deal's many horrible facets is that it allows the mining industry to tilt the scale of our governments' decisions even more heavily in their favor."
The signers warned that if passed, the deal would gut some environmental and cultural protection laws, including the Clean Water Act, National Environmental Policy Act, and the National Historic Preservation Act.
The letter also notes that the 150-year-old General Mining Law--designed to aid in the genocidal U.S. colonization of Indigenous lands in the West, still "encourages the mining industry to claim public lands as their own, almost entirely for free, and at great expense to the public."
The groups asserted the Environmental Justice for All Act and the Requirements, Expectations, and Standard Procedures for Effective Consultation with Tribes (RESPECT) Act--bills led by Reps. Raul Grijalva (D-Ariz.) and Donald McEachin (D-Va.)--strengthen existing environmental, civil rights, and tribal consultation laws "to help ensure our government listens to frontline communities and empowers them to hold our government accountable."
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"Under no circumstances," the letter concludes, "should Congress cut any deals made on the backs of some of the most marginalized peoples and communities in the U.S."
More than half a million people--including local conservation, fishing, and tribal leaders--voiced their opposition to mining in Alaska's Bristol Bay during a public comment period for the Biden administration's proposed regional protections that concluded Tuesday.
"We've done our part; it's now up to the EPA to finally finish the job and defend Bristol Bay from the threat of Pebble Mine."
After the Environmental Protection Agency (EPA) last year reinitiated the process of considering protections for certain waters in Bristol Bay under Section 404(c) of the Clean Water Act (CWA), the Region 10 Office announced a revised proposed determination in May.
Activists and residents who have spent the past several years fighting to safeguard the region responded by again highlighting the dangers of the proposed Pebble Mine project and any other efforts to extract copper and gold deposits at the expense of the local ecosystem.
As a letter that 122 groups sent last month to EPA Administrator Michael Regan and Casey Sixkiller, the agency's regional administrator, explains:
Bristol Bay is home to the world's largest wild sockeye salmon fishery, generating $2.2 billion annually, supporting 15,000 American jobs, supplying 57% of the world's wild sockeye salmon, and sustaining Indigenous communities since time immemorial. As they have for millennia, the wild salmon returning each year to Bristol Bay ensure a way of life for Alaska Native communities, providing subsistence food, subsistence-based livelihoods, and the lifeblood of culture.
Yet the Pebble Mine would risk it all. If fully developed, the Pebble Mine would generate up to 10 billion tons of toxic mining waste. As proposed in the Pebble Limited Partnership's (PLP) 2020 mine plan, the 20-year mine would destroy approximately 100 miles of streams and 2,100 acres of wetlands, completely decimating areas critical to Bristol Bay's salmon fishery.
"The indisputable facts, clear science, and extensive administrative record overwhelmingly support a final 404(c) determination that protects Bristol Bay's headwaters from not only the mine plan proposed by PLP in 2020, but any future large-scale porphyry ore mining proposed for the Pebble deposit," the letter concludes.
Representatives from the Bristol Bay Defense Fund--a coalition of advocacy, business, and tribal groups battling Pebble Mine--echoed the letter's points in a statement Tuesday.
"EPA has a wealth of compelling reasons to veto the Pebble Mine," said Joel Reynolds, Western director and senior attorney for the Natural Resources Defense Council (NRDC). "This summer an all-time record of 78.4 million wild salmon returned to Bristol Bay, and over half a million people submitted comments demanding EPA action now."
Katherine Carscallen, executive director of Commercial Fishermen for Bristol Bay, pointed out that locals made time to submit comments "while thousands of fishermen and processing workers were working hard to deliver a record-breaking 59.5 million wild sockeye salmon to the market."
"We cannot allow one more fishing season to pass with the Pebble Mine looming over our heads," she said, calling on the EPA to finalize CWA protections "by the end of this year."
United Tribes of Bristol Bay executive director Alannah Hurley similarly stressed that "during the busiest season of the year, amidst a record-breaking salmon run, the people of Bristol Bay once again made it clear that EPA must finalize strong protections for our watershed and end the threat of Pebble Mine for good."
Both Hurley and Tim Bristol, executive director of SalmonState, emphasized that Pebble Mine opponents have repeatedly detailed their arguments against the project to regulators.
As Bristol put it: "Tribes, fishermen, and communities worldwide have shown up and supported durable protections for Bristol Bay every single time the EPA has asked us to. We've done our part; it's now up to the EPA to finally finish the job and defend Bristol Bay from the threat of Pebble Mine."
EPA leaders, for their part, have signaled that they are determined to safeguard the area.
Regan in May called the watershed "a shining example of how our nation's waters are essential to healthy communities, vibrant ecosystems, and a thriving economy," while Sixkiller said that "clearly, Bristol Bay and the thousands of people who rely on it deserve protection."