The Supreme Court on Thu. ruled to limit the EPA's ability to enforce the Clean Water Act, gutting the 51-year-old law.
The Court ruled in a 5–4 decision to strip the EPA of its power under the Clean Water Act to protect isolated wetlands.
Justice Alito: "...the CWA extends to only those wetlands with a...surface connection to [protected bodies of water]."
Under the CWA, the EPA had the power to protect "navigable waters" in the U.S. from the "discharge of pollutants." (Vox)
The CWA's definition of protected "navigable waters" was broad, covering wetlands, streams, lakes and oceans. (NYT)
In 2006, the Court ruled that wetlands only needed a “significant nexus” to nearby waters to be protected. (WP)
Thu.'s decision upends the CWA, making it only applicable to wetlands connected to "relatively permanent" bodies of water.
Justice Alito: "Wetlands that are separate from...navigable waters cannot be considered part of those waters..."
According to the WaPo, the Court's decision could strip protections from 118M+ acres of wetlands across the U.S.
An amicus brief filed by regulators warned the decision could "exclude 51%...of the U.S.'s wetlands" from the CWA. (Vox)