Proposed WOTUS Rule Provides Clarity for Small Businesses

November 24, 2025

The proposed revisions to the Waters of the United States rule balances authority

What it means: The Environmental Protection Agency (EPA) and the Department of the Army proposed a new rule for regulating Waters of the United States (WOTUS). The newly proposed rule will bring more certainty to landowners by reversing many of the broad and inconsistent WOTUS provisions set by the previous administration.

Our take: “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,” said NFIB President Brad Close.

Take action: Let Congress know how WOTUS regulations have impacted your business!

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Waters of the United States (WOTUS) regulations affect a wide variety of industries, including construction, farmers, ranchers, and land developers. Clearly defined uses for what waters are protected by the Clean Water Act (CWA) is critical to the operation of thousands of businesses across the nation. NFIB released a statement supporting the EPA and Department of the Army’s proposed rule, which would alleviate that burden and limit bureaucratic and financial obstacles for small businesses and landowners.

This back-and-forth issue has disproportionally affected small businesses for years. Earlier this year, NFIB sent a comment letter to the EPA and the Army with suggestions that would protect the nation’s waters while providing the clarity small businesses have needed throughout this long-standing issue.

NFIB opposed the previous administration’s WOTUS rule, which broadly expanded federal jurisdiction over private property. Learn more about the development of WOTUS rules and stay informed on the impacts of this proposal.

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Topics:

Agriculture

Regulations

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