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Overview of Sackett’s new test

Alito’s test:

The Clean Water Act only protects “relatively permanent,” traditionally navigable waters
Wetlands need “a continuous surface connection to” AND to be “as a practical matter indistinguishable from” waters protected by the law
Language is vague and subjective; �

EPA’s initial estimate in 2023:

Up to 63% of wetlands have lost protections
Up to 4.9 million miles of streams

Sources:

May 2023: Sackett opinions (Alito p. 6-28)

Aug 2023: EPA Rule interpreting Sackett

Aug 2023: EPA explanation video

Battleshell Lake, Mingo National Wildlife Refuge Photo: Peter Rea, USFWS

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Frame #1: Estimate the impact in your state/region

Articles using the ‘best guess’ frame - click the headlines

Don’t let the uncertainty stop you:

No one knows exactly how this will be implemented on the ground
Round percentages are easier for reporters/the public to understand
The Biden admin’s EPA gave a preliminary, verbal estimate of “up to 63 percent” of wetlands were unprotected by its 2023 rule
EPA under Trump admin will create a new rule
New study provides a range of estimates (next slide)

Connect the estimate to people and places:

general areas where unprotected wetlands are
estimate the flood storage lost
places already vulnerable to flooding
impacts on drinking water
connect to extreme weather

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New NRDC Report & Models

best source for making a wetlands estimate in each state

New NRDC report, Mapping Destruction, looks at three scenarios for wetlands loss with an interactive map.

“In the worst case we modeled, more than 70 million acres of wetlands, or 84 percent of the total area potentially protected prior to Sackett, would lack protection.”

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EDF study & interactive map

interactive map visualizes wetlands at risk by state and basin

Environmental Defense Fund: New study in Science and interactive map based on USFWS’ National Wetlands Inventory data

Interactive map visualizes 8 different scenarios
As many as 91% of wetlands nationwide may have lost Clean Water Act protections
Can view each scenario by state or river basin
Map also estimates flood storage at risk
“Isolated wetlands” like vernal pools or prairie potholes are non-jurisdictional in all scenarios
In the 4 least-protective scenarios, nearly all wetlands have lost protections
The “seasonally flooded” scenario is the closest to EPA’s 2023 estimate
NWF’s opinion: The three most-protective scenarios seem an unlikely outcome, unfortunately

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Spotlight a local hero - Frame #2

avoids perception of media bias

more engaging to audiences

otherwise similar to the ‘estimate’ frame

Click the headlines to read the articles

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Additional Frames

can be components of other stories or a story on their own

Wetlands as a solution

Spotlight ongoing inequality

Making the connection after a disaster

Click the headlines to read the full articles

Homeowner’s insurance

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Resources

First Street/Risk Factor

First Street’s estimates of the risk of property flooding.��

National Wetlands Inventory

USFWS’s Wetlands Mapper visualizes National Wetlands Inventory data. This includes a manual, a video and downloadable map data for each state. ArcGIS also has a layer using this data. The EDF study uses this data.��

2019 Status & Trends

The most recent USFWS report found that the rate of wetlands loss increased by 50% between 2009 and 2019. The study also reported a shift from vegetated wetlands, like salt marsh and swamp, to non-vegetated wetlands, like ponds. (2024)

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National Risk Index

FEMA’s National Risk Index allows you to look at the risk of riverine and coastal flooding by census tract.

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Wetlands, Flooding, and the Clean Water Act - RFF study

Each hectare of wetland lost increases claims to the taxpayer-funded National Flood Insurance Program by an average of $1,840 annually - spiking to $8,290 in developed areas. (2021)

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