Wisconsin Ag Connection - Wisconsin's Wetlands Remain Protected Despite Supreme Court Decision

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Wisconsin's Wetlands Remain Protected Despite Supreme Court Decision
Wisconsin Ag Connection - 06/07/2023

A recent U.S. Supreme Court decision has altered the protection status of roughly 50% of the country's wetlands under the federal Clean Water Act. However, Wisconsin's wetlands will largely remain safeguarded due to longstanding state laws and court precedents.

The court's decision, led by conservative Justice Samuel Alito in Sackett vs. Environmental Protection Agency (EPA), limited federal protection to wetlands that are "indistinguishable" from larger bodies of water and have a "continuous surface connection."

President Joe Biden criticized the ruling, stating that it undermines the legal framework that has safeguarded America's waters for decades. The Clean Water Act, established in the 1970s, broadly defined wetlands' protection based on their interconnection and their role in flood prevention and pollution filtration.

The decision has been hailed as a victory for agricultural and business interests., Wisconsin's wetlands will still be subject to protection under the state's wetland laws. These laws have been strengthened over the years, notably through legislation passed in 1991 and 2001.

The state's Department of Natural Resources (DNR) confirmed that it will continue regulating non-federally protected wetlands, emphasizing Wisconsin's commitment to preserving and protecting these vital resources.

While Wisconsin's wetland protections are comprehensive, experts highlight that the interconnectedness of water systems poses risks. The destruction of wetlands in other states can have ripple effects on Wisconsin, affecting water quality, flood flows, and habitat for migratory species.

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