Key Takeaways:
- The U.S. EPA is proposing to weaken Clean Water Act rules that protect over 265,000 acres of wetlands and 50,000 miles of streams in Ohio.
- The proposed rule would only protect wetlands that hold surface water during the wet season and directly touch a continuously flowing or standing body of water.
- Up to 96% of Ohio’s wetlands could lose protections, leaving them vulnerable to pollution and destruction from industrial discharge, agricultural runoff, and development.
- The proposed rule builds off of a 2023 U.S. Supreme Court ruling called Sackett v. EPA that redefined what qualifies as a Water of the United States.
- The public can submit comments on the proposal until January 5.
Introduction to the Proposed Rule
The U.S. Environmental Protection Agency (EPA) is proposing to weaken Clean Water Act rules that protect over 265,000 acres of wetlands and 50,000 miles of streams in Ohio. The proposed rule would only protect wetlands that hold surface water during the wet season and directly touch a continuously flowing or standing body of water, according to Angela Blatt, the senior agriculture policy manager at the Alliance for the Great Lakes. This change would leave many critical wetlands and streams vulnerable to pollution and destruction from industrial discharge, agricultural runoff, and development.
Impact of the Proposed Rule
The proposed rule builds off of a 2023 U.S. Supreme Court ruling called Sackett v. EPA that redefined what qualifies as a Water of the United States. According to Jon Devine, director of freshwater ecosystems at the Natural Resource Defense Council (NRDC), even the least damaging interpretation of Sackett was a significant setback for wetland protections nationwide, and the proposed rule goes even farther than the Supreme Court required. The rule would leave wetland protections up to the states, and Ohio already has statewide wetland regulations that protect against filling and dredging wetlands without a permit. However, many wetlands and streams would lose protections that reduce pollution.
Potential Consequences of the Proposed Rule
Up to 96% of Ohio’s wetlands could lose protections, according to a GIS survey by NRDC that analyzes the potential impacts of Sackett. The report offers three scenarios from damaging to most damaging based on how the Supreme Court ruling is interpreted. The NRDC believes that the EPA proposal is likely to have impacts somewhere between the more and most damaging scenarios. Several of the wetlands that flank the Cuyahoga River and its tributaries would lose protections under the EPA’s new definition of the Waters of the United States, leaving them open for pollution and development.
Regional Impact on the Cuyahoga River
The Cuyahoga River and its tributaries would be significantly impacted by the proposed rule. Tinkers Creek, the largest tributary of the Cuyahoga, would lose protections on large swaths of its watershed, which runs through 20 communities and several local, metro, and state parks. Many of the wetlands in the Tinkers Creek and Brandywine Creek watersheds would also lose federal funding support that aids in reducing nonpoint source pollution, or pollution that occurs from runoff after it rains. Erica Matheny, the executive director of the Tinkers Creek Watershed Partners, expressed concern that the loss of protections could be devastating to the Cuyahoga River, as wetlands act as the kidneys of the natural world, filtering out toxins before rainwater enters back into rivers, lakes, and streams.
Call to Action
The public can submit comments on the proposal until January 5. Matheny encouraged people to speak up and express their concerns about the proposed rule. If the rule is enacted, it would be time to call on state and local governments to find alternative means to protect these wetlands. The support for natural areas in Northeast Ohio is significant, and it is essential to mobilize this support to protect the region’s wetlands and streams. The proposed rule has significant implications for the environment and public health, and it is crucial to ensure that the voices of concerned citizens are heard.