Last month, the United States Supreme Court limited the U.S. Environmental Protection Agency’s ability to regulate some of the nation's wetlands and waterways. That ruling has received a mixed reaction in Ohio.
The wetlands and waterways in question are mostly seasonal (ephemeral) and not directly connected to larger systems of streams and rivers. Still, those seasonal bodies of water are essential in filtering out pollutants, preventing flooding, and serving as habitat for plants and animals. Thus, environmental advocates believe they should be protected by the government in the same way permanent geographical features like rivers, lakes, streams, and oceans are.
Melanie Houston, Managing Director of Water Policy with the Ohio Environmental Council, is concerned about what the SUPCO ruling could mean for people in the state. She predicted more than half of the nation’s wetlands will no longer be federally protected, meaning they could be drained, dredged, and altered without oversight.
"What that does is threaten people and wildlife with flooding, because wetlands provide flood mitigation,” Houston said. “It also means decreased drought resistance, increased pollution, and loss of habitat."
But Leah Curtis, a lawyer with the Ohio Farm Bureau, said the Supreme Court’s recent ruling was a big win for landowners and farmers because it clarifies what is and isn’t a protected body of water.
"When it comes to wetlands specifically, this has not been a question that a regular homeowner or landowner like you or I could answer without getting involved with government agencies or paying consultants,” Curtis said. “Because the guidance that we've had in the past just wasn't clear enough for you or I to determine it with our own eyes."
Over 90 percent of Ohio's original wetlands were drained or filled to allow for agriculture and development. The state does have a relatively new initiative called H2Ohio that pays for wetland restoration projects.
