Clean Water Act

Wetlands aren’t the most eye-catching ecosystems. They include swamps, bogs, fens and other places where soil is covered by water most of the time. But they perform a huge range of valuable services, from soaking up floodwaters to filtering out pollutants and providing habitat for thousands of species of mammals, fish, reptiles, insects and birds. In a high-profile 2023 ruling, Sackett v. Environmental Protection Agency, the U.S. Supreme Court greatly limited federal power to protect wetlands. According to one estimate, this ruling stripped federal protection from up to 90 million acres of wetlands across the U.S. Today, the U.S. is losing wetlands, mainly to development and agriculture, at an accelerating rate. With Congress polarized and gridlocked, new federal wetland protection laws are unlikely to be enacted in the next several years. Some states have stepped up to fill the gap, but others have instead chosen to roll back their existing protections. This comes despit...

“When it rains, it pours” once was a metaphor for bad things happening in clusters. Now it’s becoming a statement of fact about rainfall in a changing climate. Across the continental U.S., intense single-day precipitation events are growing more frequent, fueled by warming air that can hold increasing levels of moisture. Most recently, areas north of Houston received 12 to 20 inches (30 to 50 centimeters) of rain in several days in early May 2024, leading to swamped roads and evacuations. Earlier in the year, San Diego received 2.72 inches (7 centimeters) of rain on Jan. 22 that damaged nearly 600 homes and displaced about 1,200 people. Two weeks later, an atmospheric river dumped 5 to 10 inches (12 to 25 centimeters) of rain on Los Angeles, causing widespread mudslides and leaving more than a million people without power. Events like these have sparked interest in so-called sponge cities – a comprehensive approach to urban flood mitigation that uses i...

Electric power generation in the U.S. is shifting rapidly away from fossil fuels toward cleaner and lower-carbon sources. State clean energy targets and dramatic declines in the cost of renewable electricity are the most important reasons. But fossil fuel plants still generate 60% of the U.S. electricity supply, producing air, water and land pollutants and greenhouse gases in the process. To reduce these impacts, the Environmental Protection Agency announced a suite of rules on April 25, 2024. They focus mainly on coal plants, the nation’s most-polluting electricity source. As an environmental lawyer who has been in practice since the early 1970s, I believe these curbs on power plant pollution are long overdue. The new rules close loopholes in existing laws that have allowed coal-fired power plants to pollute the nation’s air and water for decades. And they require utilities to drastically slash these plants’ greenhouse gas emissions or close them down. Oppon...

Should states and Indigenous nations be able to influence energy projects they view as harmful or contrary to their laws and values? This question lies at the center of a heated debate over Enbridge Energy’s Line 5 pipeline, which carries oil and natural gas across Wisconsin and Michigan. Courts, regulatory agencies and political leaders are deciding whether Enbridge should be allowed to keep its pipeline in place for another 99 years, with upgrades. The state of Michigan and the Bad River Tribe in Wisconsin want to close the pipeline down immediately. My expertise is in Great Lakes water and energy policy, environmental protection and sustainability leadership. I have analyzed and taught these issues as a sustainability scholar, and I have worked on them as the National Wildlife Federation’s Great Lakes regional executive director from 2015 until early 2023. In my view, the future of Line 5 has become a defining issue for the future of the Great Lakes region. It...

The U.S. Supreme Court has ruled in Sackett v. EPA that federal protection of wetlands encompasses only those wetlands that directly adjoin rivers, lakes and other bodies of water. This is an extremely narrow interpretation of the Clean Water Act that could expose many wetlands across the U.S. to filling and development. Under this keystone environmental law, federal agencies take the lead in regulating water pollution, while state and local governments regulate land use. Wetlands are areas where land is wet for all or part of the year, so they straddle this division of authority. Swamps, bogs, marshes and other wetlands provide valuable ecological services, such as filtering pollutants and soaking up floodwaters. Landowners must obtain permits to discharge dredged or fill material, such as dirt, sand or rock, in a protected wetland. This can be time-consuming and expensive, which is why the Supreme Court’s ruling on May 25, 2023, will be of keen interest to developers,...