From streams, wetlands, and rivers to the water that flows from our faucets , all waters are connected. Two years ago, the U.S. Supreme Court’s Sackett v. EPA decision ignored this basic fact. The ruling stripped federal protections from millions of acres of wetlands and streams, leaving them vulnerable to pollution, degradation, and destruction. This decision has placed neighboring communities at risk and compounded existing problems for areas vulnerable to flooding, pollution, and historical disinvestment.
Across the greater Houston region, we know firsthand that when we lose protections for one part of our water system, we threaten the health, safety, and resilience of all the rest. With hurricane season less than a week away, our work to protect wetlands in greater Houston is more important than ever. When these critical waters lose their ability to flow, filter, and absorb storm water, the entire system breaks down, with har that ripples across both communities and ecosystems alike.
Shifting our approach to local and state solutions
To address the Clean Water Act’s narrowed scope, some states, like Colorado and New Mexico, have acted swiftly to safeguard wetlands, passing new protections for waters within their borders. But, here in Texas, home to over 7 million acres of wetlands, no alternative legal protections exist. Despite having some of the largest acreages of wetlands in the country, Texas remains among the states with the least legal protection in place.
Source: Earthjustice. States in green are those with the most wetlands and highest proportion of wetlands to land, but least protective laws. Texas is highlighted, along with Alabama, Alaska, Delaware, Georgia, Louisiana, Mississippi, Montana, South Carolina, and South Dakota.
At Bayou City Waterkeeper, we are working to develop and advocate for local, regional, and state level policies to protect wetlands. This work is slow and difficult–and vital.
This spring, our policy staff has traveled to the Texas Capitol to advocate for investment in water systems across the state, advocating for investment in water systems across the state. Meanwhile, our wetlands and organizing staff wrapped up field visits and community-based research in Northeast Houston and Baytown, in partnership with residents and Stanford University’s Woods Institute for the Environment. This research focuses on community perceptions of wetlands and other forms of green infrastructure as a form of flood protection and will inform future policy recommendations for restoration and conservation strategies. Our vision is to increase opportunities for protecting wetlands at the local, regional, and state levels, and to give our communities the wetlands protections we need.
Taking action to protect wetlands covered by the Clean Water Act
While the Sackett decision has narrowed the Clean Water Act’s scope, the law continues to offer strong protections for some wetlands, especially those directly connected to navigable waters of the US. Bayou City Waterkeeper continues to monitor, investigate, and challenge harmful development through our Wetland Watch program, with a focus on impacted wetlands in our Five Critical Wetland areas.
We regularly submit formal comments opposing Section 404 permits that threaten wetlands, and communities in the priority areas. But our work does not stop there, as we also provide technical support to both partners and residents organizing to defend their local ecosystems.
In Shoreacres and La Porte, we supported neighbors concerned about a development proposal in a forested wetland ecosystem. These efforts led to a successful partnership of community leaders with Galveston Bay Foundation, to establish the Taylor Bayou Conservancy, preserving a 106-acre oasis rich in palustrine forested wetlands.
In Brazoria County, our analysis helped local residents and PETA stop the Charles River Labs project, a research facility experimenting on 43,000 non-human primates. Beyond questions of ethics, the research facility would have potentially resulted in the loss of nearly 500 acres of wetlands.
We continue to monitor the Margaritaville development, which would place a hotel and residential cottages in an area that is extremely vulnerable to storm surges and sea-level rise. The development is also sited next to the beautiful East End Lagoon, a critical habitat for the rare Galveston ghost wolves.
Concerned about wetland impacts in your neighborhood? Join our Wetland Watch by contacting our Wetland Policy and Outreach Specialist Alenka at alenka@bayoucitywaterkeeper.org.
Monitoring the new administration’s actions that harm wetlands and put communities at risk
One of the new administration’s first actions was to issue an executive order “Declaring a National Energy Emergency.” This led the U.S. Army Corps of Engineers to mark for fast-track review more than 600 permit applications that will destroy wetlands or impact waterways. Of the list initially shared with the public, and which has since pulled down, 15 projects were marked for fast-track review.
Last week, the Army Corps granted a permit for the Galveston Bay Bunker Port, over the objections of at least 100 local residents and organizations, including Bayou City Waterkeeper. In addition to potentially undisclosed impacts to wetlands, this project represents a major investment in fossil fuel infrastructure at a time when we must rapidly transition to cleaner forms of energy.
Read more: Manufactured “Energy Emergency” Could Damage Local Wetlands and Waterways
Even the Clean Water Act’s already weakened scope is now facing a renewed attack. Last month, we submitted comments to the administration’s proposal to revise the “waters of the United States” (“WOTUS”) definition, with support from attorneys at Earthjustice.. Altering the WOTUS definition would further narrow which waters and wetlands fall under federal protection by the Clean Water Act.
Bayou City Waterkeeper submitted comments on behalf of ourselves and six coastal partners identifying problems with two regional general permits proposed by the Galveston District. The regional general permits seek to decrease the level of environmental review for a wide range of coastal development projects, reducing oversight and increasing the risk of wetland destruction and fill.
The comments we, our partners, and the general public submit are critical to providing feedback and voicing our value of our waters to government entities, especially in the face of increased prioritization on expediting development. Through submitting these comments, we make our collective values clear, wetlands are not disposable land but critical ecosystems that need protection.
As the federal government continues to take action to limit protections for wetlands, we are fighting back and working to shape new solutions at the local and regional levels. You can support this work by alerting our team to illegal wetland fill or making a donation today.
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Bayou City Waterkeeper is a bold advocate for communities across the Lower Galveston Bay watershed. Through sound science and creative legal strategy, we work toward a shared vision of water justice. As we shape policy solutions that embrace the strength of our region’s natural systems, we are most effective when we center the experience of communities most vulnerable to water, climate, and infrastructure injustices.