Just over fifty years after Congress passed the Clean Water Act (“CWA”), Sackett II effectively removes CWA protections from eighty percent of the nation’s streams and fifty percent of wetlands. Unsurprisingly, the decision will have major and varied ramifications on these waterways and the entities that rely upon them. The EPA has previously said wetlands “are among the most productive ecosystems in the world, comparable to rainforests and coral reefs.” Wetlands protect nearby waterways by filtering out metals, nutrients, and other contaminants. They are also critical for flood control, which has become increasingly important with the effects of climate change. And they protect biodiversity, with the U.S. Fish & Wildlife Service (“USFWS”) estimating that roughly half of all federally protected species in the United States are wetland dependent.

Recognizing the substantial impacts of this landmark decision, this Note sets out to answer a question that many are asking: what can federal, state, local, and private entities do to protect these critical waterways in the wake of Sackett II?