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Draining the Future by Destroying North Carolina’s Wetlands

The Environmental Offenders’ Wish List

This year’s annual Farm Bill flushes nature’s filters down the drain. The purge followed suit with the Supreme Court’s Sackett v. EPA decision, which established that a wetland must be physically touching another body of water in order to be federally protected. 

Unfortunately, in accordance with this destructive ruling, The N.C. Farm Act of 2023 reclassifies protected wetlands to only those “adjacent to bodies of water.” Thanks to the Home Builders Association, who lobbied for the narrow definition, at least 2.5 million acres of vital wetlands are open for development in North Carolina. Since 2017, the Home Builders Association, a Political Action Committee, has emerged as one of the leading donors to state legislators, generously donating over a million dollars to the governing body.

Benefits Of Wetlands, Consequences Of Destroying Them

Rep. Pricey Harrison spoke on the house floor about how gutting wetland protections negatively impacts flooding, water quality, and biodiversity. Wetlands act as natural sponges, absorbing excess water during heavy rainfall and mitigating the risk of flooding in surrounding areas. By safeguarding wetlands, we preserve their crucial ability to retain and slowly release water, thereby reducing the intensity and frequency of flooding events. Rep. Deb Butler pointed out how the General Assembly has recently made substantial investments in efforts to deliver clean, safe drinking water to North Carolinians. However, this bill takes a step backwards by destroying protections for the earth’s natural filtration system. “We would do well to leave Mother Nature alone to do her job,” she expressed. 

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. It is evident enough that the economic benefits of wetlands alone are reason enough to save them. 

Friends or Foes?

A whopping nine Senate Democrats joined Republicans to vote in support of draining wetlands in a 37 – 6 vote. It passed in the House with a vote of 77-38, with eight Democrats joining all Republicans in support. After this legislative session, we’ve learned a profound lesson: even if you believe you truly know your friends, think again. 

At the mansion, Governor Cooper ultimately vetoed the bill, explaining that the wetlands provision “leaves the state vulnerable without vital flood mitigation and water purification tools.” Despite his best efforts, the General Assembly voted to override the governor’s veto.

Other Destructive Bills

The Farm Act is one of many bills passed this session that poses a threat to our environment. H.B. 600, the Regulatory Reform Act of 2023, restricts the executive branch’s ability to fight pollution by preventing DEQ from imposing new limitations on existing wastewater discharges, stormwater regulations, and animal waste permitting. This is a violation of the Clean Water Act, as federal regulations require DEQ to ensure compliance with water quality standards.

H.B. 579, Sedimentation Act & Other Env’l. Changes, similarly weakens DEQ by limiting their ability to control stormwater and erosion runoff from construction activity with the permitting process. Other provisions can prohibit DEQ from including federal law in its own regulations without approval from the General Assembly. Inserting the state legislature into the middle of the coordination between the NCDEQ and the EPA is unconstitutional, under the Supremacy Clause, and practically a bureaucratic nightmare. House Bill 579 sponsor, Representative Mark Brody, is a general contractor whose profits are determined by the very water quality rules he’s trying to change. To no one’s surprise, it was recently discovered that more than half of Brody’s 2022 campaign funds came from 40 donors with ties to construction-related companies or industry groups.

Republicans are not only eradicating critical natural infrastructure, but also diminishing the power of the very institutions responsible for safeguarding our environment.

This piece appeared in our 2023 Scorecard.

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