Brigham Young University Prelaw Review
Keywords
Wetlands, Sackett v. EPA, Clean Water Act, Tribal Water Rights, Tribes, Environment, Raponos v. U.S., Environmental Protection Agency, Federal Indian Law, Ojibwe Tribe
Abstract
The Clean Water Act (CWA) has been a tool for federally recognized tribes to protect the waters within their borders and sacred lands that exist outside the borders of the tribe. Sackett v. EPA limited the scope of the CWA to cover only wetlands that have a continuous surface connection. This restricts the ability of Tribes to protect important waters. The Sackett decision decreases the nation’s ability to protect the chemical, physical, and biological aspects of the waters. This paper explores past legislative remedies and proposes federal wetland protection.
BYU ScholarsArchive Citation
Mahler, Anna J. and Richardson, Emily
(2024)
"Safeguarding Wetlands Post-Sackett v. EPA: Protecting Indigenous Territories and Environmental Health,"
Brigham Young University Prelaw Review: Vol. 38, Article 4.
Available at:
https://scholarsarchive.byu.edu/byuplr/vol38/iss1/4