One year ago, the U.S. Supreme Court issued a decision that significantly reduced federal wetlands protections, leaving America’s wetlands at greater risk of development and degradation. The case of Sackett v. EPA was decided 9-0 in favor of the Sacketts, a couple from Idaho that filled in wetlands to build on their property near Priest Lake. The Court ruled unanimously that the wetlands on the Sackett’s property were not regulated under the Clean Water Act, but a narrow majority of justices went further to issue a controversial 5/4 opinion that scaled back federal protections that have provided for the thoughtful conservation of America’s wetlands for decades. Of note, Justice Kavanaugh, siding with the minority, expressed concern about the decision’s “significant repercussions for water quality and flood control throughout the United States.”
The impacts of the decision are still unfolding, and there remains a lot of uncertainty on how the unclear language of the Court will be interpreted in the long term. But what we do know is that this decision will have a significant impact. Here’s where things stand one year later. 