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Supreme Court Deals Major Blow to Federal Wetlands Protection

  • The US Supreme Court weakened the Clean Water Act, stripping federal agencies of authority over millions of acres of wetlands.
  • The ruling expands the ability of developers to dig up or fill wetlands near rivers, lakes, and streams, and may nullify key parts of a rule imposed by the Biden administration in December.
  • The decision may shift the battle over wetlands to states, with red and blue states writing laws that take dramatically different approaches.
  • The ruling could scuttle protections for at least 45 million acres of wetlands, an area roughly the size of Florida, according to the Southern Environmental Law Center.
  • The decision will likely create “‘red state’ and ‘blue state’ approaches to water protection,” said Cara Horowitz of the UCLA School of Law.
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