The 2023 Farm Act restricted North Carolina state wetland protections to so-called Waters of the U.S. But last year’s landmark Supreme Court ruling on the issue has caused much confusion over which waters are protected… and which are not.
As many as 3.6 million acres of wetlands in North Carolina may be vulnerable under a Supreme Court ruling last May. That’s according to a preliminary analysis by the Environmental Defense Fund. Adam Gold is a scientist with the nonprofit research ogranization.
"It's just adding to the uncertainty for everybody, including developers, regulators. It's really unclear where the line is drawn for which wetlands are protected and which ones aren't," Gold said.
Sackett vs. EPA concluded that waters must maintain “a continuous surface connection” to a river, stream, lake, or ocean to receive federal protections. However, some wetlands connect to federally-protected waters underground, with no surface connection.
"If you lose that wetland, then you're going to have worse water quality and more flooding. Wetlands sponge up the extra water during heavy rains and floods, so removing protections for them could make those events worse," Gold said.