SELC statement on EPA, Army Corps guidance on wetlands under Clean Water Act

WASHINGTON – Today, the Environmental Protection Agency and the United States Army Corps of Engineers released guidance weakening federal wetlands protections. The agencies also announced their intent to seek input on future action to define what waters they deem to be covered by the Clean Water Act.

In its 2023 decision in Sackett v. EPA, the Supreme Court held that wetlands are protected by the Act if they have a “continuous surface connection” to otherwise covered waters. The guidance memorandum explains that the EPA and Army Corps will further narrow what wetlands are covered by the Act through a restrictive interpretation of “continuous surface connection.” Wetlands help protect many Southern communities from pollution by filtering water and help absorb floodwaters from more intense, climate change driven storm events.

In response, Mark Sabath, SELC Senior Attorney, released the following statement:

“There is little ambiguity in EPA’s announcement. We hear no concern for the health of people who depend on clean drinking water, or the safety of communities that rely on wetlands to slow flooding. Further weakening federal clean water protections may be what large polluters and wealthy developers want, but it is not what everyday people want—either in the South or throughout the nation.”