Waters of the United States

For over 30 years, PEER has been aggressively fighting to protect our nation’s wetlands and small streams. Wetlands and small streams are critical to the wellbeing of people and for fish and wildlife. They protect and improving water quality, provide fish and wildlife habitats, store floodwaters and maintain surface water flow during dry periods.

In May 2023, after decades of trying, oil and gas companies, industrial agriculture, and developers have finally succeeded in their quest to have the Supreme Court eliminate Clean Water Act protections for most wetlands and small streams.

In Sackett v. EPA, five members of the Court departed from 45 years of precedent, overturned a previous Supreme Court decision, ignored the text of the Clean Water Act, and signaled that it will continue to prioritize pollution over people. In a ruling with multiple opinions, a majority of the Court held the Clean Water Act extends to only those wetlands that are, as a practical matter, indistinguishable from navigable waters.

This means that companies can now discharge pollutants and fill in vast swaths of wetlands and streams throughout the country without a federal Clean Water Act permit.

This devasting blow to our national well-being will significantly affect water quality and flood control throughout the United States. It is further evidence that this Court will not only continue to ignore precedent when it comes to prior Supreme Court decisions but also aggressively curb EPA’s ability to limit threats to public health and the environment.

Now that the Supreme Court has issued this awful opinion, we will need to continue our fight to protect our waters in the courts, Congress, state legislatures, and local governments.