Thursday's U.S. Supreme Court ruling making it harder for the federal government to enforce clean-water rules has New Mexico environmental groups urging Congress to take the lead.

The 5-4 opinion by conservative justices, minus Bret Kavanaugh, is a blow to the Environmental Protection Agency's ability to regulate wetlands and waterways. The court decided wetlands under the 50-year-old Clean Water Act can only be protected if they have a "continuous surface connection" to larger, regulated bodies of water. As a very arid state, said Tannis Fox, a staff attorney for the Western Environmental Law Center, said New Mexico doesn't have many, leaving it especially vulnerable.

"That could displace from federal protection just a multitude, perhaps a majority, of New Mexico surface waters," she said, "at least New Mexico perennial, ephemeral waters and wetlands."

The ruling stems from Sackett vs. EPA, a 14-year-old court case filed after the EPA halted construction on an Idaho home owned by Michael and Chantell Sackett, arguing that it jeopardized protected wetlands. In Thursday's ruling, all nine justices agreed the wetlands on the Sacketts' property are not covered by the Clean Water Act, essentially protecting property rights over clean water.

New Mexico is one of only three states without a surface water-quality permitting program, leaving its wetlands with the fewest protections. However, Jon Devine, a senior attorney and director of federal water policy for the Natural Resources Defense Council, predicted that all communities across the country will pay the price.

"I would estimate that at least half of the wetlands in the country are now at risk of being destroyed without the federal safeguards the Clean Water Act provides," he said, "over 50 million acres of wetlands."

Environmental groups want Congress and states to beef up protections for water used for drinking, swimming, fishing, irrigation and more. In the court's minority opinion, Justice Elena Kagan said much like a previous ruling limiting the EPA's ability to fight climate change, the court again has appointed itself the "national decisionmaker on environmental policy."


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New research at Iowa State University shows elevated nitrate levels have an outsize effect on the state's most vulnerable populations.

Studies show exposure to nitrates can increase the risks of birth defects and various types of cancer.

ISU Water Resources Assistant Professor Liu Lu said nitrates, which are prominent in ground and surface water near commercial agriculture operations, exceed safe levels, and affect Iowa's most vulnerable.

"Such as people of color," said Lu, "low-income populations, elderly, and also children."

Despite their negative health impacts, the Iowa Environmental Council reports only 4% of public water utilities in Iowa have nitrate removal systems.

The data show the presence of nitrates in the water is especially high in rural communities, and Liu said northeast Iowa's Blackhawk County stands out in her research.

"This county has very high nitrate in their treated water," said Lu. "They also have very high social vulnerability. So, people living in that county are disproportionately exposed to high nitrate in their drinking water."

Her research includes an interactive map that shows which parts of the state have the highest nitrate pollution in their groundwater.

Liu's work was published in Environmental Science: Water Research & Technology.



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Compared with other states, North Dakota has yet to see a big invasion of aquatic nuisance species. But officials are not letting their guard down, and to protect regional lakes, they ask boaters to pitch in with key cleaning steps.

The North Dakota Game and Fish Department says because of its location, North Dakota has largely been shielded from nonnative plants, insects and other organisms infesting its waterways as they have in coastal areas and the Great Lakes region.

Ben Holen, the department's aquatic nuisance species or ANS coordinator, said the southeastern part of the state has seen activity, namely with zebra mussels.

"Zebra mussels, they're manipulators of the ecosystem. They completely cover docks," he explained. "They clog water intakes. They push nutrients to the bottom, which increases vegetation growth out there."

That's bad news for native species, as well as economic activity from water recreation. As North Dakotans prepare their boats for the summer, they're asked to memorize key steps for each outing. Those include cleaning, draining and drying all equipment after every use, with a focus on removing all plants or animals from the watercraft prior to leaving the site. Doing so means these tiny creatures won't find their way to the next lake.

While his department does its mitigation work, Holen said, boat owners are being given tools to aid in their responsibility. Each year, boat-cleaning stations are being set up at access points to various North Dakota lakes.

"We've been looking to provide more and more each year for boaters, so it's never been easier for boaters to get cleaned, drained, dry at the boating access," he continued.

Holen said if boaters are not eager to help out, they could feel an economic pinch later through tax increases and higher water bills if state and local agencies have to clean or replace infrastructure damaged by an infestation.


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Iowa lawmakers are considering a bill that would require property owners to disclose the presence of lead water service lines during a real estate transaction.

Some of Iowa's residential water lines date back more than a century.

The Centers for Disease Control and Prevention estimates at least half of the children in the United States are at risk of lead exposure from water lines.

The Iowa Environmental Council's Director of Climate Initiatives Cody Smith said the problem is especially acute in Iowa, where most of the homes built before 1980 have lead in the lines that bring water to the house, and added it will be extremely expensive to address.

"It's estimated that fixing Iowa's lead service line issue would cost about $900 million statewide," said Smith. "So, this is a pressing health concern for the children in our state."

Iowa is responding to a federal rule passed last year that requires all service lines that contain lead to be replaced by 2035.

House File 876 would require sellers to disclose that their house has lead service lines in a real estate transaction.

Iowa utility companies are notifying people if their house has lead in its service lines and offering assistance to remediate it.

Smith said homeowners can also find out for themselves if there's lead in their pipes.

"You can use, like, a penny to scratch your service line where it comes in to often the foundation of your home," said Smith. "And you'll see if it's copper. It it's copper, you're fine. Or if it's PVC plastic, you're fine. But oftentimes, it's going to be a lead service line."

HF 876 has passed the Iowa House and awaits action in the Senate.




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