TALLAHASSEE, Fla. – For more than a decade, 20 million wetland acres and 2 million miles of streams – including many in Florida – were left unprotected, despite the federal Clean Water Act.
Experts say the gap in coverage was the unintended result of two U.S. Supreme Court decisions.
This week, the Obama administration proposed a new rule to clarify which types of water have Clean Water Act protection, which will be helpful to Florida wetlands, streams and freshwater springs, according to Jan Goldman-Carter, senior manager of wetlands and water resources for the National Wildlife Federation.
"There will be no question that those waters are covered by the Clean Water Act,” she said. “And that in turn helps bolster the state-level protections for those waters, because the federal and state protections for water quality are closely intertwined."
According to the U.S. Fish and Wildlife Service, the rate of wetlands loss accelerated by 140 percent from 2004 to 2009, the years immediately following the Supreme Court rulings.
A public comment period is expected to begin in a few weeks on the proposed rule.
Manley Fuller, president and CEO of the Florida Wildlife Federation, said the 2001 and 2006 Supreme Court decisions have confused and limited the scope of the Clean Water Act – making it much more difficult to maintain and restore the state's streams, headwaters and freshwater wetlands.
"Wetlands are extremely important to fish and wildlife and outdoor recreation,” he stressed. “So we think that this rule, when implemented, will help clarify what is a wetland and what is not a wetland."
There are more than 50,000 miles of rivers and streams in Florida, in addition to many high-quality springs that circulate millions of gallons of pure water daily.
According to the Outdoor Industry Association, outdoor recreation generates $38 billion annually and more than half of the state's residents participate in some outdoor activity each year.
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By Dawn Attride for Sentient.
Broadcast version by Mark Moran for Iowa News Service reporting for the Sentient-Public News Service Collaboration
In a single day, Lee Zeldin, head of the Environmental Protection Agency, has spearheaded an institutional reversal of longstanding U.S. environmental policies in what he calls "31 historic actions." From questioning the well established finding that greenhouse gases are harmful to health to eradicating Clean Water Act provisions, the deregulation blitz could lead to increased pollution and risk to public health, environmental groups warn. "We are driving a dagger straight into the heart of the climate change religion to drive down cost of living for American families, unleash American energy, bring auto jobs back to the U.S. and more," said EPA Administrator Zeldin.
Weakening Water Quality Laws Garners Support From Farm Lobby
One controversial action is a set of proposed changes to the Clean Water Act, established in 1972 to regulate pollutants in U.S. waters and prevent contamination from industries like factory farms and mineral mining. In a 2023 Supreme Court decision, Sackett v. EPA, the Court narrowed the definitions of protected waters to exclude certain wetlands unconnected to "navigable" waterways. Although Biden's EPA revised protections to include this ruling, Zeldin argues his predecessors "failed to follow the law and implement the Supreme Court's clear holding in Sackett." He now seeks to further deregulate waterway protections.
"The previous Administration's definition of 'waters of the United States' placed unfair burdens on the American people and drove up the cost of doing business," Zeldin said on Wednesday.
For states like Iowa where roughly half of water bodies are polluted (thanks in part to the 109 billion pounds of animal manure produced each year by factory farms in the state), the Clean Water Act already doesn't do enough to protect water as it stands, David Cwiertny, professor of civil engineering and director for the Center for Health Effects of Environmental Contamination at the University of Iowa, tells Sentient. It fails to meaningfully address non-point source pollution, and exempts major pollutant sources like subsurface agricultural drainage, he says.
"As a result, analyses have shown that Iowa has among some of the worst water quality in the nation based on impaired stream miles and lake area under the Clean Water Act. These impairments have endangered public drinking water supplies while also limiting recreational water access for Iowans," says Cwiertny.
The EPA's latest announcement may make matters worse. "It's hard to see water quality in Iowa improving with the proposed plans to rework WOTUS, which will most likely end up further reducing the number of water bodies protected by the Act," Cwiertny says.
Zeldin credited concerns from farmers and ranchers as a factor to the change, as attendee American Farm Bureau President Zippy Duvall said he was pleased with the decision, stating it provides clarity for farmers and will help them "protect the environment while ensuring they can grow the food America's families rely on."
Stacy Woods, research director for the Food and Environment Program at the Union of Concerned Scientists (UCS), said the EPA is "giving a green light" for industrial agriculture to pollute and drain valuable wetlands. "Big Ag interest groups like the Farm Bureau pretend to represent small family farms when they are really working for giant industrial agricultural companies who could not care less about draining, polluting and flooding rural America in service of their bottom line. Missing from this conversation are the voices of farmers who are invested in being good stewards of their land and who are actually part of the rural communities that benefit from wetlands," Woods said in a statement.
Crackdowns on Environmental Pollutant Regulations Will Have an Outsized Impact on Vulnerable Communities
Water wasn't the only thing on the agenda, as oil and gas regulations are also under scrutiny, along with clean air standards and termination of the "Good Neighbor" rule that requires states to manage their own pollution that can be blown into nearby states.
"EPA Administrator Lee Zeldin today announced plans for the greatest increase in pollution in decades. The result will be more toxic chemicals, more cancers, more asthma attacks, and more dangers for pregnant women and their children. Rather than helping our economy, it will create chaos," Amanda Leland, Executive Director of the Environmental Defense Fund said in a statement.
Ending or revoking such regulations means fewer protections for communities with high numbers of low socioeconomic status residents. Pollution also disproportionately impacts Black and Hispanic communities, due in part to historical practices like redlining, which meant rejecting financial services to those looking to move to a residential area, often based on race or ethnicity. This practice, as well as ongoing pollution and other inequities, leads to concentration of vulnerable communities near hazardous pollution sources. Research shows these communities have higher rates of asthma and poor mental health. The EPA also plans to shut down its climate justice offices across the country whose primary focus is to help those most affected by the burdens of pollution and climate change.
These latest policy moves are likely to be met with legal action from both sides; environmental groups have already promised to "vigorously oppose" Zeldin's "attack" on public health while Trump's FBI pledged to criminally charge climate groups who received funding from the Biden administration.
"Though [these actions] will not hold up in the face of science or the court of law, they already pose grave and immediate threats to people and the environment," Dr. Rachel Cleetus, the policy director with the Climate and Energy Program at the UCS, said.
Dawn Attride wrote this article for Sentient.
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By Nina B. Elkadi for Sentient.
Broadcast version by Mark Moran for Nebraska News Connection reporting for the Sentient-Public News Service Collaboration
The Clean Water Act, salmonella inspections and equity in the Packers and Stockyards Act are just a few of the regulations that the industry lobbying group the Meat Institute, formerly known as the North American Meat Institute, is calling for the Trump administration to pull back.
On January 27, Meat Institute president Julie Anna Potts penned a letter to the White House providing the new administration with "strategies to reduce burdensome regulations and address meat prices for consumers." In the letter, Potts blames the previous administration for inflation, which she claims was caused by increased regulation in the food industry. Potts also targets increased worker protections against discrimination, which she claims are part of diversity, equity and inclusion practices.
"Based on what they propose, the path to lower food prices is exploiting child labor and engaging in sharecropping production models," Austin Frerick, antitrust expert and author of Barons: Money, Power, and the Corruption of America's Food Industry, tells Sentient. "They're grab-bagging words in the moment to fit their deregulatory race to the bottom."
If Trump takes the advice of this lobbying group - which touts its representation of meat packers and processors that "account for more than 95 percent of U.S. output" of processed meats - experts do not agree that prices will necessarily go down. According to Food & Water Watch staff attorney Emily Miller, the real issue at play is consolidation in the industry.
"We know that the real cost of high food prices in this country is not inflation or the cost of regulatory compliance, as the industry is claiming. It's corporate consolidation and greed," Miller says. "Rolling back regulations that are meant to protect farmers, slaughterhouse workers, frontline communities and consumers from exploitation and pollution will just allow the meat industry to break even more profit."
While food prices have increased at a fast rate - as much as 2.5 times the rate of inflation - corporate profits have sky-rocketed five times faster than inflation. Four companies control around 70 percent of the pork industry and four companies control more than half the chicken processing market.
Even if the industry successfully de-regulates and lowers costs associated with stricter environmental and worker protections, there is no guarantee that would result in lower food prices. Corporations can continue to pocket the difference.
What This Could Mean for Workers
One rule the Meat Institute wants to rescind is the Inclusive Competition and Market Integrity Under the Packers and Stockyards Act. The rule, which went into effect in 2024, "prohibits the adverse treatment of livestock producers and poultry growers based on race, color, religion, national origin, sex (including pregnancy, sexual orientation, and gender identity), disability, marital status, or age."
The Meat Institute claims this rule "attempts to enshrine" diversity, equity and inclusion concepts into the act.
"I think this is definitely a way of baiting Trump to act," Miller says. "What they're really asking, pretty unabashedly, is for the ability to discriminate against other people for personal characteristics that have nothing to do with their business or the economy or anything that would have any sort of justification, which is pretty outrageous."
Another set of protections the Meat Institute targets in its bid to the new administration relates to contract chicken producers - farmers who raise chickens on a contract basis for mega-corporations like Tyson Foods. Passed under the Biden administration, the regulations had been intended in part to help chicken farmers who end up taking on enormous debts as part of their contractual agreements with poultry companies.
What This Could Mean for the Environment
The Clean Water Act is considered one of the cornerstones of environmental protection in the U.S., but when it comes to regulating the discharges from agriculture, it has long fallen short. Clawing back the already weakened regulatory power of the act could further pollute waterways that are already in poor shape, especially in states with increasing density of factory farms. For instance, more than half of rivers and streams are degraded in Iowa - a state where most counties are "severely or highly concentrated with factory farms."
Miller, of Food & Water Watch, notes that the federal government is under a court enforceable settlement that requires them to finalize the rule the Meat Institute wants to disassemble. Any effort to roll that back, she says, would be in direct violation of the settlement.
"The industry would, of course, want the least amount of regulation possible and to maintain the status quo that allows them to really harm the communities that neighbor these operations, which overwhelmingly are low income communities of color," she says.
In states dominated by factory farms, manure discharged into waterways has led to detrimental health outcomes, fish kills and higher drinking water costs.
In addition, much of the meat produced in Iowa factory farms is in turn exported. "We're basically destroying rural communities in the Midwest, notably Iowa, to feed foreign nations," Frerick says. "The environmental destruction these production models do and that says something when it's cheaper to do it here than in China."
Frerick argues that Republican administrations "turbocharge" the race to the bottom with de-regulation, opening the doors for catastrophic changes to not only the food system itself, but consumer trust and confidence that they are getting a safe product.
"You're playing Russian Roulette with people's health and safety. If you have one big scandal, one big outbreak, you could really shift people's consumption and food diets in profound ways that really can wreck an industry," Frerick says.
What This Could Mean for Food Safety
Pulling back proposed salmonella regulation could endanger consumers, Jaydee Hanson, Policy Director of the Center for Food Safety tells Sentient. Meat Institute is calling to replace a proposed rule that would increase monitoring in the poultry slaughter process with "a performance standard with the input of stakeholders."
"I'm concerned that the next thing they'll be pushing for is less aggressive enforcement of rules on E coli," he tells Sentient. "We don't want to go back to poor inspection with state inspectors that are being bribed and say that that's going to give us cheaper meat."
"You want a regulatory system where consumers know they're getting a healthy, safe product that was produced in a way that was ethical," Frerick says. "When you get rid of that, you're incentivizing the worst people."
The Bottom Line
"Any regulatory rollbacks that allow the meat industry to further consolidate its market power will just have the opposite effect on consumers and on food prices generally," Miller says. "Efforts to roll those things back would just continue to inflict harm on the people who are growing and producing our food in this country, and simply give a bigger profit margin to the corporations that are at the top of the food chain."
Though no distinct moves have been made to address the Meat Institute's requests, on January 31, the Trump White House announced a de-regulatory blitz, requiring that "whenever an agency promulgates a new rule, regulation, or guidance, it must identify at least 10 existing rules, regulations, or guidance documents to be repealed."
"Concentrated markets gouge. It's what they do. You see innovation and quality decline," Frerick tells Sentient. "Once you add in the cost, the negative externalities, all the pollution stuff, it's even more expensive. So we're being doubly-screwed, to be blunt."
Nina B. Elkadi wrote this article for Sentient.
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By Nina B. Elkadi for Sentient.
Broadcast version by Mark Moran for Iowa News Service reporting for the Sentient-Public News Service Collaboration
In Postville, Iowa, a town with a population of 2,503, the slaughterhouse Agri Star Meat and Poultry LLC is the largest employer. Although there is no publicly available data on how many animals are slaughtered at Agri Star every day, in 2010, CEO Hershey Friedman hoped the plant could “process 1,000 head of cattle per day within a couple of years.” In December 2024, three non-profit organizations filed an intent to sue Agri Star for illegally discharging animal waste products into public waterways. The slaughterhouse has until February 21, 2025, to respond and answer how they will comply with the Clean Water Act — or the suit will be filed.
Attorneys working on the current case claim that Agri Star has been violating its National Pollution Discharge Permit — a Clean Water Act rule aimed at limiting excessive pollution from point sources — by illegally discharging large quantities of animal processing waste. Last year, “250,000 gallons of untreated beef processing waste,” flowed into the Postville water supply, the notice states.
Agri Star, formerly known as Agriproccessors, is no stranger to controversy (under different ownership, in 2008 it was the site of one of the largest immigration raids in U.S. history, which also found child labor violations).
“The City of Postville stated that while Agri Star worked to fix the blocked sewer line, Agri Star did not appear to limit or cease production — processing waste continued to flow to the City’s treatment system at a rate of 148 to 164 gallons per minute,” the attorneys wrote. This resulted in “an interference with the City of Postville’s normal wastewater treatment process,” which is a violation of their permit. As a result, the Postville water treatment facility was shuttered for two days.
The intent to sue notice was co-authored by Driftless Water Defenders, a non-profit Iowa-based group working to protect Iowa waterways from agricultural polluters, as well as Public Justice and FarmSTAND, both non-profit legal advocacy groups.
“We’ve got a very powerful structure of industrial agriculture that has found a way to feel immune to the pressures of individual citizens to rebuff them, particularly on political fronts,” counsel for the Driftless Water Defenders board of directors James Larew tells Sentient. “They’re so strong and that litigation is a critical ingredient that we need, because the laws like this one are on the books. They need to be enforced. And so we state that we’re there to litigate.”
A State Built on Animal Agriculture
Iowa is at the forefront of what some experts are calling a water quality crisis. As the state with the most animals being raised in confinement, animal waste, which is often illegally discharged, has become a central component of Iowa life.
Chris Jones, a water quality expert and president of Driftless Water Defenders, explains that prior to the passage of the Clean Water Act, Iowa’s waterways were completely “dead” due to slaughterhouse discharges. The Clean Water Act changed things — but without enforcement, the law obviously becomes less efficacious.
“Our [Department of Natural Resources] is not exactly zealous about enforcing rules and doing things that are going to improve the quality of our water,” Jones tells Sentient. “Anybody with eyes and ears in their head can see and hear that. I think they’re reluctant to do things that might appear to be unfriendly to industry or to agriculture, and as such, they sort of abdicated their role as a deterrent for these sorts of things.”
The overwhelming majority — 99 percent — of farmed animals in the U.S. are raised in factory farms. In Iowa, there are over almost 124 million farmed animals; around 55 million chickens, 53.4 million hogs, 11.5 million turkeys, and 3.7 million cattle and cows. With a new federal administration, Jones predicts that the livestock industry has the potential to expand even further, and regulations could diminish.
To demonstrate the extent of this issue, Jones poses a hypothetical scenario: What if the Des Moines wastewater treatment plant did not follow their pollution discharge permit requirements and decided to dump unlimited quantities of human waste into the Des Moines river, poisoning the water supply of a community 75 miles downstream?
“That’s essentially what [the Department of Natural Resources] is doing,” he says. “They’re just saying, okay, Agri Star, go ahead, dump whatever you want into the stream.”
The Iowa Department of Natural Resources and the Environmental Protection Agency have recently come under scrutiny for not enforcing these discharge permits strongly enough. Several groups sued the EPA for their lack of enforcement under the Clean Water Act, and in October 2024 the court struck them down.
Holding polluters accountable through targeted lawsuits, Larew tells Sentient, is one potential path forward.
The Iowa Department of Natural Resources declined to comment due to pending litigation.
Private Attorneys General
In lieu of strong federal or statewide enforcement, these legal groups see themselves as “private attorneys general,” Public Justice attorney Daniel C. Snyder says. To remedy the harm caused by these discharges, the groups are calling for civil penalties against Agri Star.
“Those civil penalties are meant to deter these exact types of violations. You have a penalty that is high enough so that everyone goes, ‘Wow. We should take notice of that. We should make sure we’re complying with our permits so that Driftless Water Defenders or other groups don’t come around and say, hey you you are also in violation of the act,’” Snyder tells Sentient.
For these advocacy groups, the goal is not to put these operations out of business. Larew emphasizes that they are simply using public information and public laws to hold polluters accountable.
“I think there’s a public realization these last couple years in particular, that something’s really out of whack, that we feel threatened with the quality of our water,” Larew says. “[We have an] imbalance right now with the new industrial agricultural model, the concentration of livestock into particular areas, with waste so concentrated that it can’t be adequately used and it ends up being in our water.”
Agri Star did not respond to multiple requests for comment.
Nina B. Elkadi wrote this article for Sentient.
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