Sackett and Stitching Together Nonfederal Environmental Law

The regulatory status of nonfederal waters has been fragmented due to the Supreme Court's decision in Sackett v. EPA, which removed federal protection for many surface waters, leaving many wetlands and freshwater resources unregulated. Several states have stepped in to regulate environmental protection efforts and safeguard water quality for their communities. This brief highlights examples from Colorado and Wisconsin that other states can utilize as models of best practice. Concerted local efforts are now needed to compensate for the lack of federal leadership to protect and restore wetlands, rivers, and streams.