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EPA finalizes water protections, repealing damaging Trump-era rules [1]

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Date: 2022-12-30

Among the waters protected through this definition, navigable and interstate waterways and oceans remain protected. The rule also adds in certain wetlands, lakes, and ponds, as well as tributaries tied to larger bodies of water. This decision was informed by prior legal cases and, according to experts reached by The New York Times, is seen as strategic given the fact that the Supreme Court will soon rule on Sackett v. EPA. The case concerns the term “navigable waters,” which is included in the finalized protections announced by the EPA this week.

For this case, in which oral arguments were heard at the start of the October 2022 Supreme Court term, it’s a matter of whether wetlands on the land purchased by Michael and Chantell Sackett are federally protected and thus require federal permits to potentially alter. The Sacketts want to build their dream home near Priest Lake, Idaho—if only the environment weren’t conspiring against them.

I hope you can sense my sarcasm in this absurd argument presented by the plaintiffs. A ruling from the majority-conservative SCOTUS could have wide-ranging consequences outside of just allowing the Sacketts to build what will presumably be an eyesore of a McMansion. Environmental groups and activists worry that the Clean Water Act could drastically change were an opinion issued in favor of the Sacketts.

Which brings us back to why the Biden administration likely made the move that they did on Friday. Earthjustice notes that “the extensive scientific record that accompanies this new rule highlights the scale and complexity of the technical issues that agencies must consider in implementing the Clean Water Act, and further illustrates why the Court should tread cautiously when considering major changes to the law in this area.” Here’s hoping the Supreme Court actually takes that advice to heart.

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[1] Url: https://www.dailykos.com/stories/2022/12/30/2144518/-EPA-finalizes-water-protections-repealing-damaging-Trump-era-rules

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