Under the new administration, EPA recently abandoned its appeal of Baykeeper vs EPA.
Trump's EPA declared the South Bay salt ponds were land, which would have removed Clean Water Act protections—and would have let Cargill sell the area to developers who would then pave over the ponds.
Baykeeper challenged the absurd declaration by filing a lawsuit against Trump’s EPA. Last fall, the U.S. District Court agreed with our position: the ponds are water because they are wet, and they're connected to the Bay.
Just as Trump was leaving office, his EPA administrators appealed the court's decision, but we're relieved that Biden’s EPA recently cancelled this nonsensical challenge. And we’re hopeful that this move will make it easier for the salt ponds to be restored to their original condition as wetlands, which will help protect the South Bay’s shorelines and communities from sea level rise.
Photo: Peter Thoeny, Flickr/CC