Biden Administration Adjusts Wetland Protections in Line with Supreme Court Ruling

On August 29, the Biden administration modified regulations that oversee millions of acres of wetlands. The change necessitates wetlands to have a more direct connection to significant waters, such as oceans or rivers, shifting away from federal policies that have been in place for the past 50 years. This adjustment comes after the Supreme Court restricted the federal government’s jurisdiction over wetlands that don’t have a “continuous surface connection” to larger bodies of water. The decision was influenced by a case involving an Idaho couple, Chantell and Michael Sackett, who wished to develop near a lake without federal intervention. While developers and agricultural groups have been advocating for a reduction in federal oversight under the Clean Water Act, environmentalists have been pushing for more comprehensive definitions to protect more waters. The newly introduced rule, which diverges from the usual proposal and public input process, removes the “significant nexus” test, aligning with the Supreme Court’s verdict. Though the rule aims to provide clarity, some agricultural entities have expressed dissatisfaction, claiming it still maintains an element of ambiguity and overreach.