Two months ago, there was a ruling passed down by the U.S. Supreme Court on the Sackett v. EPA case which has now put tens of millions of acres of wetlands at risk of being wiped away by corporate greed and frankly anybody who simply doesn’t want to deal with settling next to a natural water source. Let’s take a bit of a deep dive on the logistics of this ruling and see how it can directly affect all of us.
What is Sackett v. EPA?
Michael and Chantell Sackett, who ran an excavation company, sought to develop property a few hundred feet from Priest Lake, a popular vacation site in the Idaho Panhandle, with plans to build a home there. To prepare the lot for construction, the Sacketts began to fill it with gravel. In 2007, the EPA halted the work after determining that the Sacketts’ lot contained a federally protected wetland. Under the authority granted to it by the Clean Water Act, the agency ordered the couple to remove the gravel and cease any further construction. The Sacketts sued in 2008, and the case slithered its way through the federal court system for the next 14 years. Now, before the Supreme Court, their lawyers have argued, among other things, that the wetland the Sacketts filled is not by any local legalities, considered a “water of the United States,” and thus not subject to EPA regulation.
What are the “Waters of the United States”?
“Waters of the United States” is a threshold term in the Clean Water Act and establishes the geographic scope of federal jurisdiction under the Act. Clean Water Act programs, including Water Quality Standards, Total Maximum Daily Loads (TMDLs), and sections 311, 402, and 404 address “navigable waters,” defined in the statute as “the waters of the United States, including the territorial seas.”
The Clean Water Act does not define “waters of the United States”; rather, it provides authority for EPA and the U.S. Department of the Army to define “waters of the United States” in regulations.
Basically the phrase refers to the many different bodies of water to be found within the geographical borders of the United States.
Here’s what Jon Devine, the director of the ‘NRDC’ (National Resources Defense Council) federal water policy team, has to say about it.
“Congress intended the phrase to be interpreted very broadly,” says Devine. When lawmakers were drafting the Clean Water Act half a century ago, he says, they envisioned its protections as extending to all the various bodies of water that make up a watershed, many of which people use for recreation, fishing, and drinking-water supply. And while those lawmakers may not have been hydrologists, they nevertheless understood the fundamental interrelatedness of these different bodies of water. “So the very earliest regulations set forth by the EPA were inclusive,” Devine notes. As a jurisdictional matter, WOTUS comprised “all the relevant parts of an aquatic ecosystem, including streams, wetlands, and small ponds—things that aren’t necessarily connected to the tributary system on the surface, but that still bear all kinds of ecological relationships to that system and to one another.”
Given the restrictions on how people could interact with these protected waters, it still didn’t deter interested parties from pressing against the meaning of the term over these past decades. “There were always fights about it,” Devine says. “A developer who wanted to bulldoze a wetland, or a polluter who was being prosecuted for dumping into a small stream, would question whether that particular feature should really be considered a water of the United States.”
Present Day Verdict
In a 5-4 ruling which included Justice Samuel Alito, joined by Chief Justice John Roberts and Justices Clarence Thomas, Neil Gorsuch and Amy Coney Barrett, The Supreme Court majority favored stripping out key protections from the Clean Water Act by ultimately making up their on definition of ‘Water of the United States’ which deemed only those wetlands with a continuous surface water connection to larger streams, lakes and rivers, would get federal protections.
“Wetlands that are separate from traditional navigable waters cannot be considered part of those waters, even if they are located nearby,” Alito wrote.
This harmful outlook not only puts existing eco systems in danger, but it also threatens clean drinking water sources for millions of Americans. Many pollutants are washed by rainfall from urban and agricultural lands and are carried overland to water bodies. Pollutants include soil particles, fertilizers, pesticides, grease and oil from cars and trucks, and road salts. Wetlands can improve water quality by removing pollutants from surface waters. There are three pollutant removal processes provided by wetlands that are particularly important: sediment trapping, nutrient removal and chemical detoxification.
Some freshwater wetlands are located at points where surface water enters an underground aquifer, thereby recharging groundwater supplies. Wetlands are more often points of groundwater discharge to the surface of the land, such as springs. The groundwater discharge may be important as a local drinking water source or important for providing stream flows for fish, animals, plants, and other organisms that live on or near the stream during dry summer months.
According to the CDC, majority of our drinking water comes from both surface water which supplies 64 percent of our public water systems and groundwater which supplies 36 percent of our public water systems. While in general tap water in the U.S. is safe, many American water treatment and distribution systems aren’t perfect. Examples like the Flint, Michigan water crisis and the Jackson, Mississippi poor water system infrastructure proves this. In fact, the New York Times reports that about one-quarter of U.S. residents get their drinking water from sources that violate the EPA’s Safe Drinking Water Standards: Most are in low-income, rural areas. Even if water is deemed safe to drink when it leaves a treatment plant, pipes in aging distribution systems can contaminate it. Massachusetts Water Resources Authority notes that lead can also leach into water inside homes and businesses from old lead pipes or brass plumbing fixtures made before 2014
Solutions For Protecting Our Waters
Ensuring non-toxic, good quality water at home is crucial for maintaining health and well-being. And with this present day ruling over how the Supreme Court sees our wetlands, we have to start doing our own due diligence in insuring that we have or at least demand access the highest quality of water for the betterment of our health.
Here are some suggestions for Americans to achieve this:
- Understand your water source: Find out where your water comes from, whether it’s a private well or a public water system. This information can be obtained from your water utility or local health department.
- Test your water: Consider getting your water tested by a certified laboratory to identify any potential contaminants. This will help you understand the specific issues you may be dealing with.
- Install a water filter: Depending on the contaminants found in your water, you can choose a suitable water filtration system. Options include activated carbon filters, reverse osmosis systems, or distillation units. Look for filters certified by independent organizations like NSF International to ensure effectiveness.
- Maintain your plumbing: Older homes may have plumbing systems that contain lead pipes or fixtures. If you suspect this is the case, consider having your water tested for lead and, if necessary, install filters or replace the plumbing to minimize exposure.
- Be mindful of potential sources of pollution: Pay attention to potential sources of pollution near your home, such as industrial facilities or agricultural activities. Stay informed about any local issues or water advisories that may arise.
- Conserve water: Conserving water helps reduce the strain on water resources and decreases the likelihood of contamination. Fix any leaks promptly, install water-efficient fixtures, and practice water-saving habits like shorter showers and using a dishwasher or washing machine only when full.
- Stay updated: Stay informed about any water quality reports or advisories issued by your local water utility. They are required to provide information about the quality of the water they supply.
- Stay engaged with your community: Get involved in local water conservation and advocacy groups. Stay informed about water-related policies and initiatives in your area, and actively participate in discussions or events.
Remember that water quality can vary across different regions and even within neighborhoods, so it’s important to address your specific situation. If you have any concerns or questions, reach out to your local water utility or health department for guidance and support.