Closing the Gap to Protect Illinois Wetlands

In its Sackett v. EPA ruling last spring, the Supreme Court undermined decades of clean water protections by deciding that, except in severely limited circumstances, wetlands are generally not “waters” covered by the Clean Water Act. As a result, a significant percentage of America’s wetlands are no longer protected by federal law. This change leaves them vulnerable to destruction via development, threatens the wildlife that depends on them, and compromises the important services they provide to communities.

This decision could not have come at a worse time. According to the U.S. Fish & Wildlife Service, the United States is already losing its wetlands at an alarming and increasing rate—hundreds of thousands of acres have been destroyed in the last decade alone. These losses have disproportionately occurred in the most ecologically beneficial wetlands: vegetated marshes and swamps. The last thing we should be doing right now is eliminating protections for these precious ecosystems.

Wetlands loss causes immense harm to ecosystems and communities because of the many benefits that these areas provide. They are critical for biodiversity, supporting nearly half of all species federally listed as threatened or endangered. They store greenhouse gases and prevent carbon from entering the atmosphere. Wetlands improve water quality and supply, protect nearby communities from flooding, and reduce erosion. It benefits everyone—people, animals, and plants—for wetlands to be abundant and thriving.

With federal safeguards eliminated, state governments now play an essential role in defending the wetlands that remain. Yet state-level wetland protections exist in only about half the country. In the 23 states that lack them, industry can now destroy wetland areas without having to comply with requirements to avoid, minimize, and offset the harm they create.

Illinois is one of the states that currently has no comprehensive state wetlands program—a dangerous situation in a state that has already lost the vast majority of its wetlands. Prior to European settlement, about a quarter of the state was covered in bogs, swamps, marshes, and fens. But over the past two hundred years, 90 percent of those previously vast wetland acres have been destroyed through conversion to agriculture, urban development, and other uses. It’s never been more important to save the ones that are left.

Fortunately, a bill is making its way through the Illinois legislature to close the gap created by the Supreme Court and help keep the state’s wetlands safe. The Wetlands Protection Act would create a state permitting program requiring landowners, developers, and other industries to seek permission prior to modifying or filling in wetlands. The intent of the program—which is modeled after the federal protections that many wetlands recently lost—is to avoid impacts to these areas and compensate for any impacts that are unavoidable.

This is an urgently needed, common-sense step that is hugely popular: Polling shows that nearly 80 percent of Illinoisans support protections for outdoor areas, including wetlands. The bill will resolve the uncertainty created by the Supreme Court’s decision with clear, long-term guidance that will allow businesses and developers to plan accordingly. And it won’t regulate activities, such as normal farming activities, that have always been exempt under the Clean Water Act.

We need the Illinois legislature to act swiftly and pass this important legislation. NRDC will continue to work collaboratively with legislators, partners, and other stakeholders to ensure that it’s adopted and implemented quickly—because wetlands can’t wait.