Following the flooding caused by Potential Tropical Cyclone 8 in the Cape Fear region three weeks ago, concerns have arisen over the vulnerability of coastal wetlands due to potential overdevelopment. The impact on these crucial ecosystems has been further exacerbated by recent legal changes, including the significant Supreme Court ruling in Sackett v. EPA. This decision altered federal wetland protections under the Clean Water Act, now requiring a “continuous surface connection” to qualify for safeguarding. Environmentalists argue that this narrow definition poses a threat to millions of acres and lacks scientific merit.
In North Carolina, the removal of state wetland protections by the Republican-led General Assembly has added to the challenges faced by these vital habitats. A study conducted by Adam Gold of the Environmental Defense Fund revealed that over three million acres in North Carolina could be left unprotected under the revised regulations. Of particular concern are wetlands lacking year-round surface water, such as pocosins and headwater wetlands, which are essential yet potentially excluded from federal safeguards.
Legal battles surrounding the definition of protected wetlands are unfolding in federal courts, with cases like the dispute along the Pasquotank River in Northeastern NC between land developer Robert White and the EPA underscoring the contentious nature of these issues. Attorney Kelly Moser of the Southern Environmental Law Center emphasized the ongoing risks faced by families and communities in North Carolina despite existing regulatory protections being in place. Moser highlighted the critical role wetlands play in natural flood mitigation, describing them as “natural sponges” that can lessen flood impacts. However, the continued development and alteration of wetlands pose a threat by restricting their ability to absorb water, leading to increased flooding in surrounding areas.
