The court determined that the 1972 Clean Water Act only applies to “wetlands with a continuous surface connection to bodies that are waters of the United States in their own rights.”
that there were 110.1 million acres of wetlands in the continental United States, compared to an estimated 220 million in the 1600s. Much of the decrease has been attributed to the drainage of the ecosystems in order to serve agriculture, mining, and urban development.
It is unclear how much of the country’s wetlands would immediately be affected by the decision, but Justice Kavanaughthat the ruling “may leave long-regulated and long accepted-to-be-regulable wetlands suddenly beyond the scope of the agencies’ regulatory authority.” As an example, Kavanaugh pointed to the lands surrounding the Mississippi River and the Chesapeake Bay, where regulations of levees and adjacent wetlands are important factors in controlling and preserving the natural environment.
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