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"Congress and local elected officials must now step in and do more to protect clean water through durable legislation and state-based action," said one advocate.
Under a U.S. Supreme Court ruling condemned by clean water advocates earlier this year, the Environmental Protection Agency on Tuesday announced a revised rule that could clear the way for up to 63% of the country's wetlands to lose protections that have been in place nearly half a century under the Clean Water Act.
EPA Administrator Michael Regan said he had been "disappointed" by the 5-4 decision handed down in Sackett v. Environmental Protection Agency in May, but he was obligated under the ruling to issue a final rule changing the agency's definition of "waters on the United States."
As Common Dreams reported, the high court ruled in May that the Clean Water Act protects waters and wetlands that have a "continuous surface connection to bodies that are waters of the United States in their own rights," such as major rivers and coastlines.
Prior to the ruling, the Clean Water Act protected wetlands as long as they had a "significant nexus" to regulated waters, but the EPA rule removes that test from consideration when determining if a waterway should be protected. The rule will leave streams and tributaries—and the communities adjacent to them—without protections from pollution that can be caused by housing and business development, mining, pipeline construction, and a number of industries.
The ruling and resulting EPA rule reflected "the Supreme Court's disturbing pattern of striking down environmental regulations to serve industry interests," said environmental law group Earthjustice on Tuesday.
An EPA official toldThe Washington Post that an estimated 1.2 million to 4.9 million miles of ephemeral streams across the U.S. would immediately lose protections now that the final rule has been issued.
Julian Gonzalez, a water policy lobbyist with Earthjustice, told the Post that changing the rule is "not necessarily what they want to do" at the EPA, while Patrice Simms, the group's vice president of litigation for healthy communities, called the court's ruling a "politically motivated decision" that "ignores science and flies in the face of what almost everyone knows: that we all need clean water."
"The Supreme Court's right-wing supermajority's disastrous ruling in Sackett v. EPA reduced EPA's ability to protect our wetlands and waters from destruction and contamination," said Simms. "The new rule from EPA adjusts its existing regulations to comport with Sackett and reflects our dangerous new reality—one where mining companies, Big Ag fossil fuel developers, and other polluting industries can bulldoze and fill wetlands indiscriminately, harming our public health and ecosystems."
With state regulatory agencies and legislatures now empowered to determine how wetlands are protected, Earthjustice said waterways in states including Texas, Kentucky, Oklahoma, and Colorado are the most vulnerable to industrial pollution. States including Vermont, New York, and Minnesota currently have some of the strongest protections in place.
Marc Yaggi, CEO of Waterkeeper Alliance, said that with the climate and pollution crises becoming increasingly destructive, "there could not be a worse time to weaken the Clean Water Act."
"Intensifying droughts are wreaking havoc on agriculture, pollution and toxins are increasingly threatening water sources nationwide, and millions of people are contending with dangerously contaminated drinking water," said Yaggi. "Congress and local elected officials must now step in and do more to protect clean water through durable legislation and state-based action."
"For over a decade, federal agencies have ignored how spraying pesticides into the water harms bull trout, pallid sturgeon, and dozens of other protected species," said one advocate. "That changes today."
The Center for Biological Diversity said Tuesday that a legal agreement it has reached with two federal agencies will help mitigate damage done to wildlife in United States waterways, where endangered species have been harmed over the past decade by the government's failure to assess the environmental impact of pesticide applications.
Under the deal, the U.S. Environmental Protection Agency (EPA) and the U.S. Fish and Wildlife Service (FWS) must complete assessments under the Endangered Species Act to ensure wildlife is protected from the spraying of pesticides.
According to CBD, the FWS and EPA have both failed to conduct endangered species consultations in recent years before issuing a nationwide pesticide general permit, which the EPA issues every five years.
The permit establishes requirements for the spraying of pesticides directly into waterways to control mosquito populations, aquatic weeds, and forest canopy pests.
"This agreement is important progress for improving the health of our rivers and streams and the incredible critters that rely on them."
CBD filed a lawsuit in 2021 in the U.S. Court of Appeals for the 9th Circuit, arguing that the EPA had failed to assess the impact on wildlife when it issued the permit that year and in 2016 when the previous permit was approved.
The group said Tuesday that the FWS has also failed to conduct assessments "in three previous instances... even when requested [to] by the EPA."
"For over a decade, federal agencies have ignored how spraying pesticides into the water harms bull trout, pallid sturgeon, and dozens of other protected species. That changes today," said Hannah Connor, an attorney at CBD. "This victory will help endangered species across the country, along with the rivers and streams we all depend on."
The U.S. Geological Survey showed in 2021 that on average, 17 pesticides were found at least once in 74 river and stream sites that were sampled 12-24 times per year between 2013 and 2017.
According to Beyond Pesticides, pesticide exposure is linked to cancer, hormonal disruption, reproductive problems, liver and kidney damage, and other health issues in a wide range of species. Reproductive deformations have been detected in frogs and fish in rivers throughout the U.S. after exposure to pesticides.
The agreement requires the FWS to complete consultations on the impact to endangered wildlife before the next permit is finalized, no later than 2025. The EPA will also be required to take additional steps to improve pollution monitoring under the Clean Water Act to protect freshwater species from pesticide applications prior to the next pesticide general permit.
"This agreement is important progress for improving the health of our rivers and streams and the incredible critters that rely on them," said Connor in a statement. "My hope is that it will be a wake-up call for the Fish and Wildlife Service to fully embrace its critical role in preventing harm from pesticides to protected species."
The stories of frontline indigenous communities in the fight against Big Oil pipelines took center stage on Saturday, as more than 200 Great Lakes Indians led a crowd of nearly 3,000 (mostly white) people to the steps of the Minnesota state capitol in what is being called the largest anti-tar sands demonstration in Midwest history.
The smell of burning sage sweetened the city air as war cries and thundering drums boomed down skyscraper streets. Spiritual songs mixed with protest chants. Tribal dancers, followed by raucous college students, kept the pace.
"The fossil fuel industry thinks it is powerful, but it is the water and the people that are powerful," said Sharon Day, an Ojibwe leader with the Indigenous People's Taskforce. "These waterways are our lifeblood. If you want your grandchildren's grandchildren to have life and clean water, then we must all do what we can."
Tribal groups, like the Ojibwe on the White Earth Nation reservation in northern Minnesota, say tar sands and Bakken oil pipelines -- such as the proposed Alberta Clipper expansion and Enbridge Sandpiper -- threaten the wild rice fields of their ancestral territory.
"We are fighting four different pipeline proposals by Enbridge Energy and the Koch brothers," said Winona LaDuke of Honor the Earth.
Indigenous leaders came all the way from Canada, from the very heart of tar sands oil production, and their stories invoked a broad climate justice narrative that also addressed the intersections between colonialism and violence against women, people, and the land.
"In Canada, we have more than 1,200 missing or murdered women," said Melissa Daniels of the Athabasca Chipewyan First Nation. "They are using an oppressive, genocidal policy to continue this exploitive capitalist system, destroy our water and destroy our people."
Indigenous people weren't the only frontline communities at Saturday's Tar Sands resistance march. Ranchers, family farmers and rural landowners fighting dozens of frac sand mines and three tar sands and Bakken oil pipeline proposals came to St. Paul from neighboring states like South Dakota, Nebraska, Iowa and Wisconsin.
John and Jane Fisher-Merritt are organic farmers from Wrenshall, Minnesota and members of the Carlton County Land Stewards who fought to keep Enbridge Sandpiper from plowing through 360 acres of timber, waterways and vegetable gardens. They partially succeeded, but the big oil corporation only agreed to move the proposed pipeline route less than two miles south of the Fisher-Merritt family's Food Farm.
"We came to the rally today because we wanted to lend our voices to the chorus of people opposed to these pipelines," said John, who was angry at state regulators and their recent unanimous vote to certify a new oil pipeline for construction. "It's so exasperating that a foreign corporation like Enbridge is given a certificate of need from the Minnesota Public Utilities Commission even though the oil isn't needed here and is just being transported through the state on the way to somewhere else."
Aside from the farmers, a small number of African Americans attended Saturday's climate march. Reverend Lennox Yearwood of the Hip-Hop Caucus was a featured speaker at the capitol rally, as was Emma Lockridge -- a resident of inner-city Detroit who lives next to a tar sands oil refinery.
"We talk about the horror of the tar sands, we talk about the horror of the spill on the Kalamazoo River, but at the end of the day, the oil comes out to my community," Lockridge said. "My home smells. We can't breathe. We wake up with headaches, coughing. We can't go outside."
Lockridge lives in a community already polluted by trash incinerators and coal plants, but says the tar sands oil refinery is the worst of the worst. White homeowners were offered buyouts, but the neighborhood's black residents were stranded without any private or public support.
"They have to let us out or we are going to die. They gave white people money to leave so why can't we leave?" Lockridge asked, adding, "It all needs to go. From coast to coast. All the pipelines. All the refineries. All the trains. I don't care if its tar sands or hydraulic fracking. At the end of the pipeline, there are people who look like me, and we're dying."
The #NoTarSands event was organized by 350.org, the Sierra Club, and the Indigenous Environmental Network, and endorsed by dozens of national, state and local organizations. It marks a turning point for the mainstream climate movement, as national environmental leaders strive to deepen a burgeoning relationship with frontline Indigenous and rural farming communities, as well as broaden their campaign against the Keystone XL pipeline to include other proposals like the Alberta Clipper expansion, and the Enbridge Sandpiper and Dakota Access pipelines.
"Every pipeline in America, every pipeline in the world, is going to be fought from now on," national movement leader Bill McKibben said during a post-march rally at the Minnesota capitol.
McKibben helped launch the current wave of climate action in 2011 after his organization, 350.org, organized a two-week sit-in at the White House, resulting in more than 1,200 arrests. While mass gatherings orchestrated with the approval and assistance of law enforcement, like Saturday's march, have dominated national strategy in recent years, some demonstrators in St. Paul seemed hungrier for civil disobedience.
"I see this is called a resistance march, but where is the resistance?" asked Phyllis Roden, an activist from Minneapolis. "We better be ready to get our asses in the streets and really resist. We shouldn't just march to the capitol, we should surround it until they haul us all off to jail. That's the only way they'll really start listening."
It's not immediately clear what national organizers have planned next, but local, county, and state-based Indigenous and family farm groups need more financial resources and direct action training. Plugging into a wave of decentralized #FloodtheSystem protests next fall could be a logical next step.