In a significant move to streamline the understanding of wetlands regulations, the National Agricultural Law Center (NALC) has launched a comprehensive new resource that compiles state wetlands permitting regulations alongside federal guidelines. This tool, available at no cost online, aims to provide a clear, consolidated view of the complex regulatory landscape that governs water pollution and wetlands management across the United States.
The federal Clean Water Act is a well-known piece of legislation that regulates water pollution through its permitting programs. However, the intricacies of state-level laws that establish wetlands permitting programs are less familiar. These state laws can vary widely, often going beyond the requirements set by the federal act. Brigit Rollins, a staff attorney at NALC, emphasizes the importance of understanding these state-specific regulations. “States may have their own laws aimed at regulating water pollution at the state level,” Rollins said. “When it comes to state-specific laws that go beyond what the federal act requires, regulations vary widely.”
The new resource, titled “States’ Wetlands Permitting Statutes,” was compiled by Rollins and NALC Research Fellow William Gaspard. It identifies whether each state has laws and regulations establishing a wetland permitting program and provides links to the applicable regulations. This compilation is particularly timely given recent developments in environmental law. The Supreme Court’s decision in Sackett v. EPA significantly narrowed the Clean Water Act’s permitting jurisdiction over wetlands, making it crucial for stakeholders to be aware of state-specific requirements.
The Sackett ruling changed the definition of “waters of the United States” (WOTUS), which in turn altered how many bodies of water are designated as WOTUS. This shift has implications for agricultural operations and other activities that may no longer require a federal permit but could still need state-level approval. “Following the Sackett ruling, the EPA changed its definition of WOTUS, which was a huge shift — it changed how many bodies of water that were previously designated as WOTUS can be used,” Rollins explained.
The resource highlights the diversity of state regulations. Some states have no separate state permitting system for wetlands, while others have complex requirements. For example, Colorado has recently passed new wetlands permitting requirements, and more states may follow suit in response to the Supreme Court’s ruling. The NALC plans to regularly update the resource to reflect these evolving regulations and policies.
For those looking to delve deeper into the legal and regulatory landscape following the Sackett ruling, the upcoming Western Water, Agricultural, and Environmental Law Conference offers an opportunity to learn more. Tess Dunham, a partner at Kahn, Soares and Conway, will discuss the implications of the Sackett ruling during her session, “WOTUS & Water Quality in the West in a Post-Sackett World.”
This new resource from NALC is a valuable tool for farmers, landowners, and environmental advocates navigating the complexities of wetlands regulations. By providing a centralized location for state-specific information, the NALC aims to enhance understanding and compliance with both federal and state laws, ultimately contributing to more effective water pollution management and wetlands conservation.