Alaska, Nebraska Wetlands Takeover Tied to Federal Waters Ruling

Alaska and Nebraska are the only states that say they’re actively pursuing taking over the EPA’s dredge-and-fill permitting program for waters and wetlands as the agency prepares to update its rule governing such takeovers.

The states’ fervor to assume control of wetlands permitting within their borders is partly linked to the Supreme Court’s upcoming ruling in Sackett v. EPA. The states are watching to see whether the justices narrow the number of wetlands that fall under federal protections as waters of the US, or WOTUS.

States seeking to take over wetlands dredge-and-fill permitting hope it will speed up development because ...