NFIB Files Comments on EPA Waters Rule

www.NFIB.com
For Immediate Release
Contact:  Eric Reller
202-314-2073 or [email protected]

 

NFIB Files
Comments on EPA Waters Rule

 Rulemaking Expands
Federal Authority Over Private Property 

 

WASHINGTON, D.C., October 15,
2014 —The National Federation of Independent
Business (NFIB) submitted comments to the U.S. Army Corps of Engineers
and the Environmental Protection Agency (EPA) today in response to proposed rules that would greatly expand their
authority over US waters to include farmers’ ponds, seasonal streams and even
temporary bodies of water that most Americans would call puddles.

“When Congress
gave the EPA authority over US waters it clearly didn’t mean every body of
water,” said NFIB Manager of
Regulatory Policy Dan Bosch.
“The EPA wants to expand federal jurisdiction under the Clean Water Act – but
has neglected to go through the necessary regulatory process. If the agencies
want to attempt a massive power grab – even while Congress and the Supreme
Court explicitly say they do not have authority – they should at least follow
the steps mandated by law.”  

In the submitted comments, NFIB argues that the Agencies’ proposed
rule represents bad public policy because it increases regulatory burdens on
small businesses and landowners by greatly expanding the jurisdictional reach
of the Clean Water Act to include nearly any potential body of water, thereby creating uncertainty and liability
for landowners. In addition, NFIB believes the EPA should not have certified
the proposed rule as having no significant economic impact on small business
under the Regulatory Flexibility Act (RFA) – since the rule will clearly have
direct impacts on small businesses.

“Small business owners, farmers and anyone who owns land are
facing a rush of litigation if this rule is finalized. We hope that the
agencies review our concerns and withdraw these rules,” said Bosch.

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