Navigating Newly Non-WOTUS Wetlands: A Study of Six States’ Wetlands Programs after Sackett v. EPA

In May 2023, the U.S. Supreme Court, through its majority opinion in Sackett v. EPA, removed from Clean Water Act coverage a large swath of the nation’s wetlands. Across the country, existing regulatory frameworks, political considerations, public buy-in, and potential economic constraints prohibit a one size-fits-all state-level approach toward water and wetland protection in the face of diminished federal jurisdiction. Most states manage their waters and wetlands using a variety of strategies that include both regulatory and nonregulatory measures. For this study, ELI examined in detail the wetland programs of six Mississippi River Basin states— Arkansas, Illinois, Iowa, Louisiana, Tennessee, and Wisconsin —selected because they represented a variety of approaches to state-level wetland protection. For this study, we have selected the Mississippi River Basin because it encompasses a wide array of sectors and faces significant water management challenges, including both flooding and drought. In this interconnected system, what happens in each state in the watershed affects the entire basin, impacting the environmental and social well-being of those who inhabit it. ELI has prepared narratives summarizing the wetland program of each the six states reviewed for this study. Arkansas Illinois Iowa (coming Oct. 2024) Louisiana Tennessee Wisconsin Our report, Navigating Newly Non-WOTUS Wetlands: A Study of Six States’ Wetlands Programs after Sackett v. EPA ,summarizes each selected states’ wetland management strategy, and identifies some key findings of ELI’s research. The objective of this report is to offer insights to policy- and decision-makers as they navigate the evolving landscape of wetland conservation, management, and protection at the federal and state levels.