Monday, November 20, 2023


 Monobon by Aileen Cassinetto

The question of which waters, and particularly which wetlands, are protected by the Clean Water Act has been among the most litigated environmental issues at the Supreme Court. A series of back-and-forth decisions have yielded shifting enforcement. Although debates have been contentious, two principles have held: Scientists and agencies have been central in the rulemaking process, and the courts have exercised judicial restraint and respect for scientific judgment. Unfortunately, these did not persist in the Sackett decision, which abandons both judicial precedent and scientific consensus.

But how to contain water? 

(The prose paragraph's source: “The Supreme Court Is Bypassing Science: We Can’t Ignore It” by Adam S. Waard and Adell Amos, Eos, Sept. 6, 2023. An excerpt: “In its May decision in Sackett v. Environmental Protection Agency (EPA), the court scaled back protections for wetlands under the Clean Water Act (CWA) to their smallest in decades.”





Aileen Cassinetto is the co-editor, with Luisa A. Igloria and Jeremy Hoffman, of the climate change anthology, Dear Human at the Edge of Time, a companion to the congressionally mandated Fifth National Climate Assessment (NCA5), and wrote the lyrics to Saunder Choi’s “Wide American Earth” which premiered at Carnegie Hall in June 2023. More information can be found here: 

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