New Report Reveals Massive Loss of Wetland Protections After Supreme Court’s Sackett Decision

WASHINGTON, D.C. — A new report by NRDC exposes the catastrophic loss of federal protections for wetlands across the United States following the Supreme Court’s 2023 decision in Sackett v. EPA. Using cutting-edge Geographic Information System (GIS) modeling, Mapping Destruction: Using GIS Modeling to Show the Disastrous Impacts of Sackett v. EPA on America’s Wetlands finds that tens of millions of acres of wetlands—critical for flood control, clean water, and biodiversity—are now vulnerable to pollution and destruction without federal safeguards that ensure harm to wetlands is avoided, minimized, and mitigated.

“Our analysis confirms that the Supreme Court has gutted the Clean Water Act’s ability to protect our wetlands, exposing communities to increased flooding, worsening water pollution, and threatening habitats that sustain wildlife and local economies,” said Jon Devine, director, freshwater ecosystems, at NRDC (Natural Resources Defense Council). “It also shows that if the Trump administration adopts interpretations of the case favored by polluters, the destruction will be far worse.”

In the most comprehensive study to date, NRDC’s GIS analysis shows that, nationwide, wetlands covering an area the size of South Carolina are at risk even under the least harmful scenario considered, and in the worst case, 70 million acres—84 percent of the acreage of wetlands previously eligible for protection—could lose safeguards. This threatens drinking water, increases flooding, and accelerates habitat loss, underscoring the urgent need for stronger protections.

The report’s GIS analysis estimates the number of wetlands and streams no longer eligible for federal Clean Water Act protections under different interpretations of the Sackett ruling. Among its major findings:

• Under the least restrictive interpretation modeled, at least 19 million acres of wetlands—an area roughly the size of South Carolina—are now predicted to be left unprotected. This represents 60 percent of the individual wetlands modeled.
• Under the most restrictive interpretation, more than 70 million acres of wetlands—approximately 84 percent of the total area protected before Sackett—are left without federal safeguards.
• Nonperennial streams, which make up the vast majority of U.S. waterways and are essential for drinking water and flood mitigation, are also at risk. If only perennial streams remain protected, more than 8 million miles of U.S. streams could lose Clean Water Act protections.
• Vulnerable communities at risk: Many of the hardest-hit areas are home to communities that already face high environmental burdens and are at increased risk of flooding and pollution.

For more than 50 years, the Clean Water Act served as the cornerstone of U.S. environmental law, ensuring safe drinking water, protecting wildlife, and curbing pollution in rivers, lakes, and wetlands. The Sackett decision radically reinterpreted the act, stripping protections from wetlands unless they have a continuous surface connection to a relatively permanent body of water.

This narrow and unscientific ruling ignores the complex and essential role wetlands play. The ruling also creates regulatory uncertainty, opening the door for industry-backed efforts to further dismantle protections. In fact, the U.S. Environmental Protection Agency recently announced that it will consider further rolling back its Clean Water Act regulations in the name of implementing Sackett.  

NRDC (Natural Resources Defense Council) is an international nonprofit environmental organization with more than 3 million members and online activists. Established in 1970, NRDC uses science, policy, law and people power to confront the climate crisis, protect public health and safeguard nature. NRDC has offices in New York City, Washington, D.C., Los Angeles, San Francisco, Chicago, Beijing and Delhi (an office of NRDC India Pvt. Ltd).