After Sackett ruling, NRDC says at least 60% of individual wetlands are unprotected
Short record: the main facts, with sources. A full case file has not been prepared.
- The record does not name which of my species, waters, soils or forests were harmed.
A 2023 US Supreme Court ruling in Sackett v. EPA required a wetland to have a 'continuous surface connection' before it gained federal protection. NRDC modelling, reported by Inside Climate News, found that at least 60 percent of individual wetlands would be left unprotected even under the mildest reading.
- Some US landowners, farmers and livestock producers — Supported the narrower wetland definition, according to the sources reviewed
- Wetlands without a continuous surface connection — Lose federal protection Inside Climate News
What happened
The Supreme Court's May 2023 Sackett decision required a 'continuous surface connection' for a wetland to gain federal protection, according to Inside Climate News.
Inside Climate News reported NRDC modelling, published in March 2025, which found that even the mildest reading leaves at least 60 percent of individual wetlands unprotected, and that the most extreme reading leaves 99 percent of New Mexico's wetland area unprotected.
The Environmental Defense Fund says 24 states depend entirely on federal protection for their wetlands.
In court and with insurers
Lawsuits and rulings
- 2023-05Outcome not on recordSackett v. EPAUS Supreme Court · Civil · Private landowners (not named) → Environmental Protection Agency (EPA)
The court required a 'continuous surface connection' for federal protection of a wetland. Inside Climate News
Insurers
What we don't know
Nature
- Not measured Harm to nature: The record holds no measurement of harm to nature.
Court
- Unclear Sackett v. EPA: outcome not on record.
Record
- Insufficient Reported but not verified: EPA proposed in 2025 and again in September 2026 to narrow the connection test further, and the comment period closed on 9 October 2026; the Harvard summary note could not be opened.
- None on record The final rule defining US waters (WOTUS) had not been published in the sources reviewed.
- None on record Wetland losses since the 2023 decision are modelled rather than measured in the sources reviewed.
Did the harm stop?
Not stated in the sources reviewed.
Who paid?
Not stated in the sources reviewed.
Sources
Press and investigations
- Supreme Court Sackett decision threatens wetlands, NRDC study findsInside Climate News · 2025-03-25
Connected cases
- 1,4-dioxane in Tide: Prop 65 settlement and New York limit United States · 2011–2024
- US Environmental Protection Agency (Public authority) — here: Defendant in Sackett; named in reported 2025 and 2026 proposals to narrow the test (not verified); there: Regulator; revised risk determination
- 3M PFOS: internal evidence, EPA penalty and Minnesota settlement United States · 1979–2026
- US Environmental Protection Agency (Public authority) — here: Defendant in Sackett; named in reported 2025 and 2026 proposals to narrow the test (not verified); there: Regulator; TSCA charge closed 2006
- ADM Decatur carbon storage site leaks about 8,000 tons, EPA finds United States · 2023–2024
- US Environmental Protection Agency (Public authority) — here: Defendant in Sackett; named in reported 2025 and 2026 proposals to narrow the test (not verified); there: regulator that found a violation
- AES coal ash sold as road fill in Guayama, Puerto Rico; arsenic above standard United States · 2021
- US Environmental Protection Agency (Public authority) — here: Defendant in Sackett; named in reported 2025 and 2026 proposals to narrow the test (not verified); there: Federal regulator promising action
- BP Deepwater Horizon: the spill, the court cases and the recovery claims United States · 2010–2031
- US Environmental Protection Agency (Public authority) — here: Defendant in Sackett; named in reported 2025 and 2026 proposals to narrow the test (not verified); there: Suspended BP from new federal contracts, 2012–2014
- California v. ExxonMobil: plastics recycling claims and the Baytown plant United States · 2021–2026
- US Environmental Protection Agency (Public authority) — here: Defendant in Sackett; named in reported 2025 and 2026 proposals to narrow the test (not verified); there: Rejected the mass balance method for its Safer Choice label, per ProPublica
- Chemours spin-off liabilities United States · 2015–2025
- US Environmental Protection Agency (Public authority) — here: Defendant in Sackett; named in reported 2025 and 2026 proposals to narrow the test (not verified); there: Regulator in the December 2005 PFOA case
- Court reverses $60 million punitive award in dicamba case United States · 2015–2026
- US Environmental Protection Agency (Public authority) — here: Defendant in Sackett; named in reported 2025 and 2026 proposals to narrow the test (not verified); there: Approved over-the-top dicamba use for 2026 and 2027
- Diamond Shamrock Lister Avenue dioxin, Passaic River United States · 1984–1993
- US Environmental Protection Agency (Public authority) — here: Defendant in Sackett; named in reported 2025 and 2026 proposals to narrow the test (not verified); there: Selected the 2016 lower Passaic remedy
- Dicamba drift (Bader Farms) and EPA re-registration United States · 2015–2026
- US Environmental Protection Agency (Public authority) — here: Defendant in Sackett; named in reported 2025 and 2026 proposals to narrow the test (not verified); there: Regulator; re-registered dicamba in February 2026
- DuPont PFOA (C8) at Washington Works, Parkersburg, and the Tennant farm United States · 1981–2026
- US Environmental Protection Agency (Public authority) — here: Defendant in Sackett; named in reported 2025 and 2026 proposals to narrow the test (not verified); there: Regulator; 2005 penalty
- EPA repeals 2009 greenhouse gas endangerment finding on legal grounds United States · 2026
- US Environmental Protection Agency (Public authority) — here: Defendant in Sackett; named in reported 2025 and 2026 proposals to narrow the test (not verified); there: Issued the repeal
- Exxon Valdez: the spill, insurance and court cases United States · 1989–2015
- US Environmental Protection Agency (Public authority) — here: Defendant in Sackett; named in reported 2025 and 2026 proposals to narrow the test (not verified); there: Federal regulator in the 1991 settlement
- Former EPA chief Lisa Jackson named interim chair of Conservation International United States · 2012–2026
- US Environmental Protection Agency (Public authority) — here: Defendant in Sackett; named in reported 2025 and 2026 proposals to narrow the test (not verified); there: Withdrew the Range Resources emergency order in 2012
- GE ran a 'Let Nature Clean Up the Hudson' campaign against EPA dredging United States · 2009–2015
- US Environmental Protection Agency (Public authority) — here: Defendant in Sackett; named in reported 2025 and 2026 proposals to narrow the test (not verified); there: Regulator that ordered and certified the dredging
- GenX chemical found in Cape Fear River, a DuPont and Chemours replacement for PFOA United States · 2009
- US Environmental Protection Agency (Public authority) — here: Defendant in Sackett; named in reported 2025 and 2026 proposals to narrow the test (not verified); there: Found in 2021 that GenX was more toxic than previously thought
- Greens report: parts of German glyphosate assessment copied Monsanto file Germany · 2015–2025
- US Environmental Protection Agency (Public authority) — here: Defendant in Sackett; named in reported 2025 and 2026 proposals to narrow the test (not verified); there: US regulator; former staff moved to Monsanto; Rowland remark reported
- Gulf of Mexico dead zone (Mississippi nutrient runoff) United States · 1985–2026
- US Environmental Protection Agency (Public authority) — here: Defendant in Sackett; named in reported 2025 and 2026 proposals to narrow the test (not verified); there: Clean Water Act regulator
- Holcim Geocycle and brand-cement plastic co-processing Global · 2021–2026
- US Environmental Protection Agency (Public authority) — here: Defendant in Sackett; named in reported 2025 and 2026 proposals to narrow the test (not verified); there: Regulator; found no meaningful climate benefit from burning plastic instead of coal in kilns (as reported)
- Make Sunsets stratospheric balloon launches (Mexico) Mexico · 2022–2025
- US Environmental Protection Agency (Public authority) — here: Defendant in Sackett; named in reported 2025 and 2026 proposals to narrow the test (not verified); there: Regulator that requested information
- Monsanto/Bayer PCB and Roundup insurance suit v AIG United States · 1967–2026
- US Environmental Protection Agency (Public authority) — here: Defendant in Sackett; named in reported 2025 and 2026 proposals to narrow the test (not verified); there: Regulator; the sources reviewed say it told Bayer it would not accept a cancer warning
- Mosaic settles US hazardous-waste case over phosphogypsum handling United States · 2015
- US Environmental Protection Agency (Public authority) — here: Defendant in Sackett; named in reported 2025 and 2026 proposals to narrow the test (not verified); there: Regulator that inspected the sites and signed the settlement
- Nonylphenol ethoxylates: Swiss ban and EU restriction Switzerland · 1984–2014
- US Environmental Protection Agency (Public authority) — here: Defendant in Sackett; named in reported 2025 and 2026 proposals to narrow the test (not verified); there: Published the nonylphenol ethoxylate action plan
- Paraquat bans, UK production for export and Chinese exports United Kingdom · 1989–2026
- US Environmental Protection Agency (Public authority) — here: Defendant in Sackett; named in reported 2025 and 2026 proposals to narrow the test (not verified); there: Regulator; interim decision of 2021 and January 2025 announcement
- Paraquat litigation (Syngenta/Chevron) and the Paraquat Papers United States · 1958–2026
- US Environmental Protection Agency (Public authority) — here: Defendant in Sackett; named in reported 2025 and 2026 proposals to narrow the test (not verified); there: Regulator; 2021 interim decision and 2025 withdrawal
- PFAS water utility settlements by 3M, DuPont, Chemours and Corteva United States · 2023–2036
- US Environmental Protection Agency (Public authority) — here: Defendant in Sackett; named in reported 2025 and 2026 proposals to narrow the test (not verified); there: Regulator; drinking-water limits for PFOA and PFOS
- Portland Harbor Superfund cleanup plan (Willamette River, Oregon) United States · 2016–2017
- US Environmental Protection Agency (Public authority) — here: Defendant in Sackett; named in reported 2025 and 2026 proposals to narrow the test (not verified); there: Regulator; issued the draft plan and the final Superfund decision
- Producers funded 90% of EDF's 2013 methane study, HPPR reported United States · 2013
- Environmental Defense Fund (NGO) — here: Analysis of wetlands losing federal protection and of states depending on it; there: Ran the 2013 methane study
- Roundup litigation, settlements and legal shield (Bayer/Monsanto) United States · 2009–2026
- US Environmental Protection Agency (Public authority) — here: Defendant in Sackett; named in reported 2025 and 2026 proposals to narrow the test (not verified); there: Approved the Roundup label; said it would not accept a cancer warning
- Starbase launch site, Boca Chica, Texas: environmental review, penalties and Starship debris United States · 2022–2025
- US Environmental Protection Agency (Public authority) — here: Defendant in Sackett; named in reported 2025 and 2026 proposals to narrow the test (not verified); there: Federal environmental regulator; found Clean Water Act violations
- Stockholm Convention agrees chlorpyrifos phase-out with 22 uses exempted United States · 2021–2025
- US Environmental Protection Agency (Public authority) — here: Defendant in Sackett; named in reported 2025 and 2026 proposals to narrow the test (not verified); there: regulator
- Trump's EPA keeps Biden-era veto on Alaska's Pebble mine United States · 2023–2025
- US Environmental Protection Agency (Public authority) — here: Defendant in Sackett; named in reported 2025 and 2026 proposals to narrow the test (not verified); there: Issued and reaffirmed the veto
- US bans DDT in 1972; bald eagle breeding pairs rebound United States · 1972–2019
- US Environmental Protection Agency (Public authority) — here: Defendant in Sackett; named in reported 2025 and 2026 proposals to narrow the test (not verified); there: issued the 1972 DDT ban
- US coal ash ponds, groundwater contamination and EPA delay United States · 2015–2026
- US Environmental Protection Agency (Public authority) — here: Defendant in Sackett; named in reported 2025 and 2026 proposals to narrow the test (not verified); there: Regulator
- US power-plant sulfur emissions fell over 95%, EPA says United States · 1990–2022
- US Environmental Protection Agency (Public authority) — here: Defendant in Sackett; named in reported 2025 and 2026 proposals to narrow the test (not verified); there: published the programme results
- US Superfund tax and funding shortfall United States · 1980–2025
- US Environmental Protection Agency (Public authority) — here: Defendant in Sackett; named in reported 2025 and 2026 proposals to narrow the test (not verified); there: Administers Superfund; reports responsible-party commitments
- US Supreme Court blocks state cancer-warning suits against pesticide makers United States · 2026
- US Environmental Protection Agency (Public authority) — here: Defendant in Sackett; named in reported 2025 and 2026 proposals to narrow the test (not verified); there: Approved the labels; announced the paraquat review