A New Case Filed in U.S. District Court Could Finish Killing Wetlands Protections in NC and the US
A new court case in eastern North Carolina could finish killing off federal rules protecting wetlands. Conservationists are fighting back.
The case was filed in March in the U.S. District Court for eastern North Carolina. It’s brought on behalf of a Pasquotank County man (Robert White) who wants to operate a sand mine on his river-adjacent property, destroying legally protected wetlands in the process. White is represented in the case by the Pacific Legal Foundation (PLF), an organization specializing in cases undermining environmentally-friendly land use restrictions. The PLF seeks to extend the elimination of wetlands protections in federal law beyond what the U.S. Supreme Court has already done in last year’s destructive Sackett v. EPA decision.
The Conservationists Fighting Back
The Southern Environmental Law Center (SELC) represents both the National and the NC Wildlife Federation in fighting the case to further shrink wetlands protections. SELC senior attorney Mark Sabath says that what White and PLF seek would further devastate North Carolina’s waters, wildlife, and fisheries. “A ruling that adopts his extreme view could have devastating effects on waters in North Carolina and throughout the nation,” said Sabath. “Wetlands are vital to help protect drinking water supplies, wildlife and fisheries, and our communities from flooding. If the wetlands along our coastal waters like the Albemarle Sound are developed and destroyed, communities will be wrecked by job loss, wildlife loss, and flooding.”
Nearly all the commercial fisheries and over half of recreational fisheries in the Southeast are fish and shellfish which depend on wetlands. Wetlands also play a critical role in absorbing stormwater that would otherwise contribute to destructive flooding in low-lying communities. “We care about the water quality and wetlands of North Carolina for both people and wildlife,” said Tim Gestwicki, CEO of the North Carolina Wildlife Federation. “We cannot protect fisheries if the wetlands and streams flowing into estuaries are polluted or destroyed. We cannot ensure that critical wildlife habitat is preserved for fishing, hunting, birdwatching, and outdoor recreation if wetland protections are weakened.”
Elections Matter For Wetland Protections
The Clean Water Act intends to protect waters and wetlands, and the ongoing fight over its interpretation is a reminder of courts’ critical impact on the environment. In this pivotal election year, both we and the League of Conservation Voters (LCV) remind us all that who we elect to the presidency and Congress will determine who is appointed to the federal courts.
Our elections matter, and we encourage you to prepare to vote this November. Check your voter registration here.
Check out our scorecard article on the legislation stripping wetland protection in NC. Then see what legislators voted for and against the environmental protections.
