Last week the US Supreme Court issued a ruling in the Sackett vs EPA case that limited federal protections of wetlands. In a poorly reasoned majority option, the Court gutted a key provision of the Clean Water Act, which plays a critical role in improving water quality and protecting communities from flooding. While acknowledging that, “[b]y all accounts, the [Clean Water] Act has been a great success,” the Court put its thumb on the scale in favor of polluters and industry. The decision leaves an area of wetlands potentially as large as Texas and California combined without the essential protections provided by the Clean Water Act.
In the Russian River watershed, vernal pools and streams that dry up during parts of the year are very much at risk. Development and human management of waterways have fragmented many parts of our watershed which makes them vulnerable. Excessive well pumping can make streams go dry in sections which could change their protected status. We do have some protections under state law however there are critical limitations to that protection.
Foss Creek which runs through Healdsburg near Little Saint and other creeks that sometimes dry up, could lose all federal clean water protections.
California State protections for water and wetlands do not allow citizen enforcement. These types of legal actions have proven to be essential in protecting precious ecosystems in California and throughout the country. We implore Congress to amend the Clean Water Act to fix what the Supreme Court broke. If Congress fails to act, Governor Newsom and the California legislature must step in and restore full protections of our wetlands and all of California’s waterways, including the right to third-party enforcement through the courts.
Russian Riverkeeper and our Waterkeeper Alliance partners continue to study the impact of this devastating rollback of the Clean Water Act, we will provide updates and resources on how members can take action to protect our wetlands and creeks, stay tuned.