Small Business Warns About the EPA and Army Corps' Waters Power Grab

Date: May 19, 2015

For Immediate Release
Andrew Wimer, 202-314-2073 or 703-298-5938 (cell)
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NFIB Legal
Expert Testifies in Front of Senate Small Business Committee

Washington, DC (May 19,
2015)
Elizabeth Milito, the
National Federation of Business Senior Executive Counsel at the Small Business
Legal Center
, testified
today in front of the Senate Committee on Small Business and Entrepreneurship
on the impact of the Environmental Protection Agency and Army Corps of
Engineers’ rule to expand the reach of the Clean Water Act. NFIB opposes the
rule and supports Congressional efforts to stop it from being implemented.

“We want to thank the committee for holding this hearing
today,” said Milito. “Small business
owners across the country could find themselves paying big in permits and fees
if the EPA and Army Corps radically expand the reach of the Clean Water Act.
The agencies didn’t even consider how small business would be impacted by their
rule. Congress needs to stop this power grab before new rules bankrupt small
business owners.”

Charles Maresca, Director of Interagency Affairs at the Small
Business Administration Office of Advocacy, also testified that the agencies
should have conducted small business analysis as required by law: “[The Office
of] Advocacy and small businesses are extremely concerned about the rule as
proposed. The rule will have a direct and potentially costly impact on small
businesses. The limited economic analysis that the agencies submitted with the
rule provides ample evidence of a potentially significant economic impact. We
believe that the agencies’ certification of no small business impact is
inappropriate in light of this information.”

While EPA has supported the rule by citing the number of
public comments supporting it, a New
York Times
article published yesterday called into question the legality of
their tactics in driving support for their own rule. According to the article: “Late
last year, the EPA sponsored a drive on Facebook and Twitter to promote its
proposed clean water rule in conjunction with the Sierra Club… They urged the
public to flood the agency with positive comments to counter opposition from
farming and industry groups. The results were then offered as proof that the
proposal was popular.”

There is a possibility that the rule could be finalized as
soon as Friday. NFIB is available to comment on the rule, offering the perspective
of members who could bear the cost of new red tape from Washington. More
information on the rule is available at NFIB.com/waters.

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