State vs Federal: Who protects wetlands better? “Sackett vs EPA”
RE: D.C. Judge Moss – Decision to vacate “404” authorization
“Where the ‘water’ ends, and the ‘wetland’ begins.” (Supreme Court Justice, Samuel Alito, Sackett v. EPA)
Developing the Wetland Restoration program within the Florida Department of Agriculture and Consumer Services, we used the Florida wetland delineation methodology. Circa 2005, there really wasn’t much debate regarding wetland delineation lines and which method to utilize. We used the Florida wetland line. Being a State Government Agency the FDACS has always utilized the Florida methodology derived from the leadership of Dr. John D. Tobe, FDEP.
Through the interagency cooperation between FDACS, FDEP and USACE (Corps, Jacksonville office) in field reconnaissance of the US EPA wetland line vs FDEP wetland line here in our state – it was more than apparent the Florida line was more inclusive. Our wetland line covers a broader range of resource community types and soil composition.
Last year SCOTUS ruling in “Sackett v. EPA” altered the protections for isolated wetlands. This alteration was due to no “significant nexus” of water connection to “the waters of the United States.” The Court concluded that the CWA’s use of “waters” encompasses “only those relatively permanent, standing or continuously flowing bodies of water ‘forming geographic[al] features’ that are described in ordinary parlance as ‘streams, oceans, rivers, and lakes.’ ”
This ruling effectively removes protections for isolated wetland acreages outside of Florida. All Agencies in our state consider Dr. Tobe’s – Florida Wetlands Delineation Methodology far superior to the Federal Government delineated wetland line.
Richard Chinn, a senior professional wetland scientist based in Brandon, runs a company in which he teaches environmental consultants, engineers and land developers how to designate wetlands. He said Florida’s regulations are some of the most stringent in the U.S.. Florida’s program is much broader than the federal program. According to the National Association of Wetland Managers, these strict state rules and other permitting regulations from water management districts should be enough to protect Florida’s most delicate water bodies from development, Chinn said. (Prater, Jack. Tampa Bay Times, July 27, 2023)