Agency Method Identifying Protected Wetlands Was Wrongly Changed

The National Wildlife Federation won its bid to get rid of a 2020 Agriculture Department rule on the factors it considers when certifying maps outlining protected wetlands.

The final rule violates the Administrative Procedure Act because the Natural Resource Conservation Service changed its policy for certification of pre–1996 wetland determinations without providing a reasoned explanation, Judge Tanya S. Chutkan of the US District Court for the District of Columbia said Thursday.

NRCS is in charge of the wetland conservation program that incentivizes farmers not to use wetlands for agricultural purposes, the opinion said. The agency linked some Agriculture Department financial ...