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As the Clean Water Act rolls back, the Illinois legislature works to step up

Wetland sunrise water and reeds in foreground with plant growth in background
Hagerty Ryan, U.S. Fish and Wildlife Service
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Hagerty Ryan, U.S. Fish and Wildlife Service
Wetland sunrise water and reeds in foreground with plant growth in background

The Trump Administration is drafting a new rule that will decrease the amount of federally protected bodies of water.

As of 2023, the Sackett v. EPA Supreme Court case narrowed the federally protected water bodies under the Clean Water Act. Now, the Clean Water Act only protects bodies of water with permanent surface connections, leaving preservation of wetlands up to the state.

According to a report by the Natural Resources Defense Council, Illinois has the potential to lose 96% of its remaining wetlands- more than 970,000 acres. Wetlands absorb floodwater, filter drinking water, and are home to native plants and animals.

Director of Water Policy at Prairie Rivers Network, Robert Hirschfeld, explains how the loss will affect the community. “Wetlands are like giant sponges, just soaking up millions and millions of gallons of storm water when you get a big rain. And if you lose those wetlands, the water has to go somewhere. It’s going to go into the community, onto our roads, into our basements, doing significant damage,” Hirschfeld said.

The loss of wetlands doesn’t just affect homes; it affects habitats.

“Habitat loss is the number one threat to wildlife across the world,” Hirschfeld said. “Not only in Illinois but across the country, we have transformed so much of the landscape. Wetlands are some of the best habitats we have left. Wetlands certainly are home to many threatened and endangered species. If we drain them, if we destroy them, those species are put at greater risk.”

Indiana, Minnesota, Michigan, Ohio, and Wisconsin are just a few neighboring states that created wetland regulations at the state legislative level.

Illinois lawmakers have proposed their own bill to provide preservation for the biomes statewide.

“Rather than a federal agency running the program, we would have a state agency, the Illinois Department of Natural Resources, run the program. It’s essentially a permitting program. You want to develop a piece of property that has a wetland on it, you have to request a permit,” Hirschfeld said.

Senate Bill 2401 excludes farming purposes.

Earlier this year, the upper region of the Mississippi River was identified as the most endangered river in America due to increasing floods and the lack of adequate disaster relief.

“The loss of wetlands in this region and along the river is only going to exacerbate that problem. And not only are we losing federal protection for water and wetlands, but under the current administration, they are also massively cutting disaster aid and relief,” Hirschfeld said.

The Trump Administration’s changes to the Federal Emergency Management Agency (FEMA) could give communities fewer resources to protect themselves against extreme weather. Wetlands provide natural flood mitigation, saving $23 billion to Midwest homeowners annually.

The bill is currently in the Senate.