New EPA Rule Threatens Wetland Protections Across Mississippi River Basin

Many acres of wetlands across the vast Mississippi River basin would lose federal protection under a new rule proposed by the U.S. Environmental Protection Agency. Agricultural and builders groups have called it a win for private property owners, but environmental groups warn that it will exacerbate costly challenges like flooding that already plague the river and its tributaries.

The new rule, proposed on November 17, is the latest in a convoluted, decades-long fight over which streams and wetlands qualify as Waters of the United States and thus are regulated by the federal government under the Clean Water Act.

Environmental advocates claim more expansive federal protections are needed to preserve the country's natural resources, while some farmers and homebuilders argue the government is overstepping its authority to control land use.

A landmark 2023 U.S. Supreme Court case, Sackett v. EPA, used a narrow definition to determine which wetlands receive federal protections. EPA Administrator Lee Zeldin promised to adjust definitions in compliance with the court's ruling.

The proposed rule follows Sackett closely, granting protections only to wetlands that touch another protected water body and have visible water for at least part of the year. Experts stress that wetlands offer vital benefits even when not visibly wet, such as relieving flooding, purifying water, mitigating drought, and providing wildlife habitat.

As climate change fosters increased storms, droughts, and floods, the need for wetland protections is more urgent than ever. The actual impact of the new rule on wetland protections is still being assessed, but it is evident that with more limited federal regulation, states will have differing rules governing wetlands.

States along the Mississippi River exhibit varied protections; for instance, Minnesota, Wisconsin, Tennessee, and Mississippi have laws that exceed federal standards, while Iowa, Illinois, Missouri, Kentucky, and Arkansas do not.

Louisiana provides state protections for coastal wetlands but not for inland ones. Some states, like Tennessee, have rolled back protections that previously required developers to seek permission before altering isolated wetlands.

In Illinois, researchers estimate that about 72 percent of the state's remaining wetlands could lose federal protections under the Sackett decision. Environmental groups assert that the proposed rule overlooks the costs of reduced wetland area and increased pollution.

The Mississippi River basin is already facing significant wetland loss, with approximately 132,000 acres vanishing between 2009 and 2019. The Mississippi River Collaborative has previously highlighted the connection between wetland destruction and increased nutrient pollution, asserting that the protection of rivers and the Gulf of Mexico is contingent on safeguarding wetlands and small streams.

This development raises serious concerns regarding biodiversity and water quality in the Mississippi River basin, potentially undermining the delicate balance of ecosystems and the communities that rely on them.