June 29, 2023

Contact: Jeff Steers
Jeffery.Steers@DEQ.Virginia.gov
(804) 698-4079

U.S. SUPREME COURT WETLANDS DECISION: ENSURING PROCESS CERTAINTY IN VIRGINIA
Updates to Virginia Water Protection permit processes following Sackett v. U.S. Environmental Protection Agency decision

Richmond, Va. – The Virginia Department of Environmental Quality has announced its process to keep economic development in Virginia moving forward while protecting the Commonwealth’s wetlands and streams in light of the U.S. Supreme Court’s May 25 decision in Sackett v. U.S. Environmental Protection Agency (Sackett). 

As detailed in a June 29 memo to stakeholders, DEQ will make its own State Surface Water Determinations (SSWDs) to ensure that the Sackett decision does not hinder efficient processing of Virginia Water Protection permits. In Sackett, the U.S. Supreme Court reduced the geographical limits of wetlands and streams that are regulated under the federal Clean Water Act. Despite uncertainty regarding what changes will be implemented at the federal level, Virginia’s comprehensive definition of “state waters” provides clarity on the geographical limits and type of wetlands and streams regulated at the state level in Virginia.  

Currently, DEQ relies on the U.S. Army Corps of Engineers (Corps) to review delineations of wetlands and other surface waters. While the Corps has halted this process causing uncertainty in permit approval, state law allows DEQ to make its own SSWDs for permits. DEQ will expand the ability to work with private sector Professional Wetland Delineators certified by the Virginia Department of Professional and Occupational Regulation, to restore certainty in the permitting process and allow projects to move forward in a timely manner.

“Balanced economic development and environmental protection are integrally linked,” said DEQ Director Michael Rolband. “We are doing everything possible to ensure that the Sackett decision does not harm Virginia’s growing economy or environment.”

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About DEQ
The Virginia Department of Environmental Quality protects and enhances the state’s environment and promotes the health and well-being of the residents of the Commonwealth. We are committed to cleaner water, improved air quality and the productive re-use of contaminated land.

For more information, please visit www.DEQ.Virginia.gov.