The Case that Could Finish Killing Wetlands Protections in NC and the US

In a critical case for clean water nationwide, a federal judge in North Carolina has refused a request that would eliminate the remaining federal protections for coastal and other wetlands.

The case challenging the federal legal protections for coastal wetlands has been brought by an eastern North Carolina landowner seeking to destroy wetlands in order to make way for his proposed new sand mine adjacent to the Pasquotank River. 

NCLCV reported in May on the broad threat to wetlands and clean water presented by the case. 

Importance of Protecting Wetlands

A recent report to Congress shows that about 670,000 acres of swamps, salt marshes, and other wetlands were lost in the contiguous 48 states between 2009 and 2019, comprising an area larger than the state of Rhode Island. “Wetland loss leads to the reduced health, safety and prosperity of all Americans,” wrote U.S. Department of Interior Secretary Deb Haaland, in the report’s preface. “When wetlands are lost, society loses services such as clean water; slowing of coastal erosion; protection against flooding, drought and fire; resilience to climate change and sea level rise.” The losses also diminish important habitat for fish, wildlife, and plants.

If protecting clean water is evidence enough, then the economic benefits of wetlands should be. A study on coastal storms from 1996 to 2005 found that one square kilometer of wetlands saves $1.8 million in property damage. During Hurricane Sandy in 2012, wetlands reduced damages for coastal states by an average of 11 percent. This is yet another example of how we are intimately tied to the environment, and why protecting it in turn protects us.

The Ruling to Protect Wetlands & How to Take Action

Fortunately, in a “scathing” decision issued June 17, Judge Terrence Boyle of the Eastern District of North Carolina rejected the pre-trial request by the plaintiff for an order blocking enforcement of the challenged rules while the case is in progress. Judge Boyle ruled, “White has failed to show that he is likely to succeed on the merits of either of his claims.” 

As a result of this preliminary decision, the remaining federal protections of critical coastal and other wetlands in North Carolina live to fight another day. While the case proceeds to conclusion, it is essential we re-elect a president and vice-president who support protecting clean water and wetlands. Additionally, we must elect a Congress that will clearly write those protections back into federal law.