What are wetland protections? Why do they matter to the Aquifer? 2023 marked a major shift in how the federal government defines wetland protections -- and the 2024 Tennessee Legislature is attempting to remove local wetland protections across the state.
In the summer of 2023, the U.S. Supreme Court ruled in Sackett v. EPA that "isolated wetlands" are no longer considered Waters of the U.S. This is a major shift from how the federal government defines the natural areas. The new ruling changes what is protected and would need a permit to disturb during construction projects. The Army Corp of Engineers is revising what is and isn't protected under the new rule, leaving it up to states to protect and regulate isolated wetlands locally.
Rep. Kevin Vaughan (R-Collierville) had introduced a trigger bill the 2023 Tennessee General Assembly that would have rolled back Tennessee's protection of wetlands to match the new federal ruling. The bill was contentious and was put on hold. As a developer, he is frustrated with regulations and wants as little red tape as possible as West Tennessee experiences historical growth. Due to the outcome of Sackett v. EPA, Rep. Vaughan reintroduced the bill in January 2024 to meet that new definition and remove all protections for 440,000 acres of wetlands in Tennessee.
Details on HB1054 | SB0631 can be found here. Wetlands provide protection from flooding and support groundwater recharge to our Aquifer — we can’t lose these natural services as West Tennessee develops from BlueOval City.
Tennessee has had wetland protections since the 1970s with the passage of the Tennessee Water Quality Control Act of 1977. This law requires any construction that would disturb or destroy wetlands to be permitted and offset - using a credit system to restore wetlands in other areas. Rep. Vaughan and proponents of the HB1054 | SB0631 have stated there is too much red tape and that not all wetlands hold the same value.
After the bill's introduction, a broad coalition of environmental organizations, including Protect Our Aquifer, started working together to stop this bill and keep our local wetland protections. There is some merit to streamlining the permitting process and creating high, moderate, and low value wetlands. Our goal is to get it out of the political realm and base wetland protections on science and common sense.
Tennessee Lookout compiled the known isolated wetlands across the the state and the vast majority are in West Tennessee and over the Aquifer's Recharge Zone. They are also in close proximity to Blue Oval City - Ford Motor Company’s $5.6 billion electric truck plant that is slated to open by the end of 2025. After reviewing political contributions, it became clear that developers interested in West Tennessee are the driving forces behind this bill. A political action committee was created by the developers and became the 4th largest contributors to lawmakers in the state.
On March 6, 2024 the Senate Energy, Ag, & Natural Resources committee sent SB 0631 to "summer study" - effectively killing the bill for the 2024 Legislative session! You can read more about it here. TDEC Commissioner David Salyers promised the Senate committee there would be a formal study and process to address the valuation and categorization of wetlands. We are hopeful POA can be a part of those discussions to hone in on the location of wetlands and their value to aquifer recharge.
The Senate committee opens back up the week of April 1 and with the amount of lobbyist interested involved, there is a concern that the bill with be resurrected.
Send an email and make calls to the Senate Committee today!
