How a Supreme Court's Ruling Impacts Clean Water for All

On May 25, 2023, the Supreme Court issued a decision in the case of Sackett v. EPA that significantly reduced the authority of the Environmental Protection Agency to protect the nation's wetlands and waterways. 

The Environmental Protection Agency (EPA) estimates that this ruling removes federal protections from up to 63% of wetlands, threatening protections for up to 4.9 million miles of streams and the drinking water of tens of millions of Americans.    

Removing federal protections and the ability of EPA to protect waters across the country gives big polluters, developers, and anti-regulatory organizations free rein to use the country's waters.  

This means most of our waterways and wetlands are now threatened by:  

• Dumping of chemicals, sewage, and other pollutants from industries and businesses.  

• Stream flows being obstructed by infill.   

• Streams being polluted by runoff from mines.  

• Wetlands being filled in or damaged by development or pollution.  

Colorado estimates that 54 percent of watershed areas within the state are affected by this decision.  

Prior to this court ruling, landowners, developers, and builders had to get a federal Clean Water Act permit before dredging or filling protected waters, including wetlands.   

Now, 220,000 miles of streams that flow seasonally are at risk. Every year, 3.7 million Coloradans rely on these streams for at least some of their drinking water.   

In Colorado, 98% of residents get their drinking water supply from public drinking water systems that rely at least in part on seasonal or headwater streams.  

While this decision impacts everyone, no matter race or zip code, it has been well documented that the burdens of water contamination, industrial pollution, lack of water infrastructure, and climate disasters -such as flooding- have historically impacted low-income communities and communities of color disproportionately.  

Research suggests that approximately 29% of Latinos live within three miles of a Superfund site in the US. According to the Environmental Protection Agency, the superfund sites are the most contaminated or polluted sites in the country due to hazardous waste being dumped, left out in the open, or improperly managed by entities, such as manufacturing facilities, processing plants, landfills, and mining sites, exposing these communities to contaminated drinking water and increasing risks for adverse health effects.  

A study from Environmental Science & Technology used data from 7,873 community water systems in 18 states, including Colorado. It found people of color, including Latinos, are more likely to be exposed to highly toxic synthetic chemicals in their water supplies, which pose significant health issues, including cancer.    

The elimination of water protections due to the Supreme Court’s decision threatens these vulnerable communities that are already suffering the consequences of water contamination. 

For 51 years, the Clean Water Act has aimed to prevent, reduce, and eliminate pollution and destruction of our waters to “restore and maintain the chemical, physical and biological integrity of the nation’s waters.”   

Clean water is also needed for businesses and different sectors, including outdoor recreation, hospitality, tourism, and farming. 

Wetlands contribute to soil health and provide water for irrigation, supporting agricultural activities. Protecting wetlands ensures a sustainable environment for farming. The agriculture industry continues to grow upward in Colorado and has about 3,800 producers of Hispanic or Latino origin, according to the Colorado 2017 Census of Agriculture.  

The potential loss of wetlands puts our communities, ranches, and farms at greater risk of flooding, drought, and wildfires. Wetlands also act as natural sponges, absorbing excess water during heavy rain or snowmelt. Protecting wetlands can reduce the risk of floods and the associated damage to homes and infrastructure. 

While the public waits for Congress to step up with the Clean Water Act of 2023 to restore protections to the estimated 50% of wetlands and 70% of streams lost with the Supreme Court’s decision, there is a need for the states to fill the gap to safeguard the waters from development, and pollution from industry and mining.  

Establishing a state permit that landowners, developers, or other industries would need to obtain before building in potentially affected wetlands and waterways is a way to safeguard wetlands and streams. 

It’s time to step up and restore clean water for all!