Electronic Green Journal

In Sackett v. Environmental Protection Agency (Sackett v. EPA, 2023), the Supreme Court declared that many of the country’s remaining wetlands are not “waters of the United States,” which excludes them from protection under the federal Clean Water Act. Yet the excluded wetlands are critical for improved water quality, flood control, wildlife habitat, and other valuable functions. The Court’s decision left their protection to the individual states. Since Sackett, wetlands conservation in the United States has become a patchwork affair. Many states' wetlands, without federal protection, are at risk from agriculture and development; further loss is unsustainable. This article argues that wetlands must be protected at the federal level through a revised Clean Water Act, which will be difficult to achieve. Fortunatly, there are other ways to protect wetlands without federal support, and citizens have a few options to get involved.