NFIB Actions Against the Waters Rule

Date: March 01, 2017

Congressional Action: In 2015, S.J. Res 22 was an NFIB Key Vote in both the Senate and the House. The legislation would have provided relief for small businesses by nullifying this burdensome regulation that will greatly expand federal Clean Water Act of 1972 jurisdiction over small businesses and private land owners. S.J. Res 22 passed the Senate and the House of Representatives with bipartisan support, however, President Obama vetoed the bill and a veto override in the Senate failed to get the necessary 60 votes to end debate.
 
With the failed veto override, our next best chance to stop WOTUS was through the courts.

Legal Action: In 2015, NFIB, over two dozen states, and countless industry groups sued in courts across the country challenging the authority of the Environmental Protection Agency and the Army Corp of Engineers (the Agencies) for radically expanding their regulatory authority over private property.

There was a temporary court victory on October 9, 2015, when the Sixth Circuit Federal Court of Appeals blocked WOTUS from taking effect until the U.S. Supreme Court could resolve the issue.

Executive Order: On February 28, 2017, President Trump issued an executive order, aimed at eliminating the rule. The Order instructs the Agencies to review the rule and either rescind or revise it; rewrite the definition of “waters of the United States” to a far less expansive description; and instructs the Department of Justice to pause litigation during the review process. This means landowners can breathe a sigh of relief, at least for the time-being.

Next Steps: NFIB will be actively engaged in the new regulatory process and continue to fight for small businesses, but we need your help

 

Why the NFIB is suing the federal government

How much the new regulations could cost small businesses.

How the Supreme Court has ruled in previous Clean Water Act cases.

What law the EPA ignored in crafting the new rule.

NFIB is fighting to stop this regulatory land-grab:

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