1. Introduction

For decades, the Clean Water Act has served as one of the most important tools for protecting rivers, lakes, wetlands, and streams across the country. At the heart of this law is a deceptively simple but heavily debated phrase: “waters of the United States” (WOTUS). This term defines which bodies of water fall under federal protection and by extension, which waters are shielded from unchecked pollution and development.

In May 2023, the Supreme Court issued a landmark decision in Sackett v. Environmental Protection Agency, reshaping the interpretation of WOTUS and setting new limits on federal authority. In a 5-4 ruling, the Court held that the Clean Water Act only applies to wetlands with a continuous surface connection to federally recognized waters like rivers or lakes. This decision effectively removes federal protections from millions of acres of wetlands that do not meet this narrower definition.

For a state like Louisiana, where wetlands are not only part of the natural landscape but critical to flood protection, water quality, and coastal resilience, this ruling raises serious questions. What happens when fewer waters are protected? Will the state legislature step in to fill the gap left by reduced federal oversight? And how might this legal shift impact the future of Louisiana’s environment, economy, and communities? 

2. What is WOTUS?

The Clean Water Act (CWA), passed in 1972, remains one of the country’s most important environmental laws, designed to protect the nation’s waters from pollution. Its goal is to “restore and maintain the chemical, physical, and biological integrity of the nation’s waters.”

The law was created in response to widespread pollution across the country, including industrial waste dumping, untreated sewage, and waterways so polluted that some rivers caught fire — most famously, the Cuyahoga River in Ohio in 1969. Although President Richard Nixon vetoed the bill over concerns about its cost, Congress overwhelmingly overrode his veto with strong bipartisan support, signaling the nation’s urgent demand for cleaner, safer water. For over 50 years, the CWA has provided the legal framework for regulating discharges into the nation’s waters in ways unimaginable to previous generations.

For years, courts and federal agencies relied on a test known as the “significant nexus” standard. This approach considered whether wetlands or smaller waterbodies had a meaningful connection to larger navigable waters, such as their ability to impact downstream water quality, even without a direct surface link.

That changed with Sackett v. EPA. The Supreme Court has now ruled that only wetlands with a continuous surface connection to federally protected waters, like rivers, lakes, or oceans,  fall under fall under the Clean Water Act’s jurisdiction. This decision removes federal oversight from millions of acres of wetlands that were previously regulated because of their ecological connection to larger waterways. 

For states like Louisiana, which contain approximately 40% of the nation’s remaining wetlands, the ruling creates deep uncertainty. Without federal protections, the responsibility of safeguarding these critical ecosystems may now shift more heavily to state and local governments.

EarthJustice. Wetlands Most in Danger After the U.S. Supreme Court’s Sackett v. EPA Ruling.

3. Implications for Louisiana

   1. Wetland Loss Risk

Louisiana has over 3 million acres of wetlands, the most of any state in the continental United States. These wetlands are essential to the state’s identity, economy, and safety. However, Louisiana has been losing wetlands at one of the fastest rates in the world.

Since the 1930s, the state has lost nearly 2,000 square miles of wetlands, an area roughly the size of Delaware. This loss has been driven by levee construction, oil and gas development, subsidence, and rising sea levels. Many of the wetlands that remain are isolated, seasonal, or heavily altered by human activity. This shift leaves large portions of Louisiana’s disconnected wetlands more vulnerable than ever.

The health of these vulnerable wetlands depends not only on natural conditions but also on the surrounding water quality and industry activity. Industrial pollution, poor stormwater and wastewater management, or increased development could undermine the ability of wetlands to provide essential environmental benefits.

2. Permitting and Enforcement

With fewer wetlands falling under federal jurisdiction, the responsibility for regulation and protection will increasingly shift to the state. While Louisiana does have some permitting processes for wetland development, many of these are tied to federal enforcement mechanisms under the Clean Water Act.

At the same time, Louisiana is actively shifting toward more streamlined permitting processes aimed at promoting economic development, particularly in industries such as energy, shipping, and construction. While this approach may reduce administrative delays and attract investment, it can also lead to unintended consequences, especially if wetland impacts are not fully considered, assessed, or mitigated.

The state legislature and local agencies will need to decide whether to strengthen existing protections or allow development in newly unregulated areas. There is concern that without federal oversight, enforcement may become inconsistent or dependent on the resources and priorities of individual parishes.

Over time, the cumulative loss of wetlands could exacerbate existing challenges for Louisiana. The degradation of these natural buffers may lead to heightened flood risks, infrastructure damage, and declines in fisheries and wildlife habitats that are vital to local economies. Balancing economic growth with the preservation of healthy ecosystems will require deliberate and coordinated efforts from state and local leaders to support long-term resilience and protect coastal communities.

4. Conclusion

Louisiana’s wetlands have long served as a natural shield for its people and ecosystems. They absorb floodwaters, protect against hurricanes, support fisheries, and provide vital ecological services to our plants, animals, and communities. According to the most restrictive interpretation of the Sackett decision, over 70 million acres of wetlands — representing as much as 84% of the wetlands previously covered under the Clean Water Act — could lose federal protection. 

In response to the ruling, the current administration’s Environmental Protection Agency, alongside the U.S. Army Corps of Engineers, is issuing a revised rule to redefine which waters fall under federal protection in accordance with the Court’s decision. The public comment period is open through April 23, giving all stakeholders an opportunity to weigh in on how these changes should be implemented.

Calls are already growing for stronger state-level protections or new legislative efforts to fill the gaps left by the narrowed federal definition. Ultimately, the fight to protect water is not just legal — it is deeply local. What happens next in Louisiana will depend not only on policy decisions in Washington but also on the leadership shown here at home.