As the Supreme Court considers the fate of American wetlands, Annie Proulx’s Fen, Bog, and Swamp offers an elegiac love letter to overlooked ecosystems.
The reason, they argue, is that the wetlands on the family’s property—and countless similar areas—are not the sort of hydrology that is covered by the Clean Water Act. Their rationale lies in the ill-defined idea of “the Nation’s waters.” The reason there are federal rules to protect water in all its varied forms is because in some way it is all connected to “navigable” waters.
The Environmental Protection Agency disagrees. They go by a different Supreme Court opinion, this one written by former justice Anthony Kennedy, that expands Scalia’s two-dimensional definition of a connection. Known as the “significant nexus” definition, it considers other forms of aquatic connections, like subsurface groundwater and streams that may only gush from time to time, perhaps during the spring melt or after a large storm.
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