Wetlands and ephemeral and intermittent streams are vital to the chemical, physical, and biological integrity of the nation\u2019s waters. Wetlands filter pollutants from water, retain and absorb flood waters, and provide habitats for wildlife. Ephemeral and intermittent streams are ubiquitous and important pathways that drain water and pollutants into traditional navigable waters.<\/p>\n\n\n\n
The Clean Water Act is the primary federal law regulating impacts to water resources in the United States, with federal jurisdiction of the Act\u2019s programs turning on whether a waterbody is classified as a \u201cWater of the United States\u201d (WOTUS). In a May 2023 U.S. Supreme Court decision, Sackett v. Environmental Protection Agency<\/em>, the Court narrowed the definition of WOTUS to only those wetlands that have a continuous surface connection to a traditionally navigable body of water, such as a river or lake. In the wake of the decision, the EPA estimated that more than half of the nation\u2019s wetland acres were no longer protected by the Clean Water Act.<\/p>\n\n\n\n This law review article:<\/p>\n\n\n\n