The National Federation of Independent Business (NFIB) responded to a new proposed rule by the Environmental Protection Agency (EPA) and the Department of the Army concerning the definition of “waters of the United States” (WOTUS). The rule aims to clarify which bodies of water fall under federal jurisdiction, following guidance from a recent Supreme Court decision.
Brad Close, president of NFIB, commented on the proposal. “The previous WOTUS regulation was a nightmare for small business landowners and all property owners,” said Close. “NFIB appreciates that the proposed rule seeks to fully implement and adhere to the Supreme Court’s decision in Sackett v. EPA, fosters economic prosperity for small businesses by providing WOTUS clarity and predictability, and appropriately balances state versus federal government authority, putting an end to the longstanding practice of federal bureaucratic overreach regarding WOTUS.”
NFIB has previously opposed broader definitions of WOTUS that would expand federal control over private property. The organization filed an amicus brief in support of property owners during the 2022 Sackett v. EPA case before the Supreme Court. In addition, earlier this year NFIB submitted recommendations to federal agencies drafting new WOTUS regulations with the goal of ensuring greater clarity and consistency for small business stakeholders.
