Research & Developments is a blog for brief updates that provide context for the flurry of news regarding law and policy changes that impact science and scientists today.
EPA administrator Lee Zeldin announced today that the agency would kick off a review of EPA rules and redefine “waters of the United States” to ensure that the agency aligns with the 2023 Supreme Court decision Sackett v. Environmental Protection Agency (EPA), which limited the implementation of the Clean Water Act.
The Clean Water Act is the broadest federal water protection law and prohibits pollution into “navigable waters”—the definition of which has long been controversial. The 2023 Supreme Court decision clarified this definition as only those waters that are described as “streams, oceans, rivers, and lakes,” leaving out wetlands that are not continuously connected to these water bodies and opening the door for weaker wetland protections nationwide.
The 2023 decision prompted frustration from scientists, who argued that the new and stricter definition of protected waters ignored the scientific consensus and flouted the intent of the Clean Water Act itself. One analysis from the Environmental Defense Fund, an environmental nonprofit and advocacy group, estimated that up to 90 million acres of wetlands could be at risk of losing federal protections as a result of the decision.
“The previous Administration’s definition of ‘waters of the United States’ placed unfair burdens on the American people and drove up the cost of doing business,” Zeldin said in a press release. The press release also stated that “to date, EPA has failed to follow the law and implement the Supreme Court’s clear holding in Sackett.” In fact, the Biden administration’s EPA amended its own definition of “waters of the United States” to comply with the 2023 decision.
It’s unclear how Zeldin’s upcoming definition will differ from the previous administration’s. In the press release, EPA said it would seek input from “stakeholders who were sidelined during the previous administration,” referring mainly to farmers and ranchers.
“Our goal is to protect America’s water resources consistent with the law of the land while empowering American farmers, landowners, entrepreneurs, and families to help Power the Great American Comeback,” Zeldin wrote in the press release.
—Grace van Deelen (@gvd.bsky.social), Staff Writer
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