STATE:

Why NFIB

Take Action

Get Support

Stay Informed

Podcast Podcast

Careers Careers

Join Now

Home / News / Analysis /

Small Businesses Support Bipartisan Challenge of WOTUS Rule

April 5, 2023

NFIB named H.J.Res. 27 as a Key Vote for the 118th Congress

Small Businesses Support Bipartisan Challenge of WOTUS Rule

Federal jurisdiction over Waters of the United States (WOTUS) continues to be an issue for small business owners. NFIB announced H.J.Res. 27, the Congressional Review Act (CRA) resolution of disapproval to repeal the new WOTUS rule, as the first NFIB U.S. Senate Key Vote for the 118^th Congress and sent a letter of support. The U.S. House vote was also an NFIB Key Vote for the 118^th Congress. NFIB supports the U.S. House and Senate passing the bipartisan congressional challenge to the EPA and Army Corps of Engineers’ WOTUS rule that expanded the federal government’s regulatory authority over wetlands, farms, and private property. The U.S. House passed the WOTUS CRA resolution to repeal the rule by a vote of 227-198 on March 10 and the Senate passed the resolution by a vote of 53-43 on March 29. Unfortunately, even though both chambers of Congress recently passed the repeal, President Biden vetoed the bipartisan supported resolution on April 6. This adds more uncertainty for small business owners and landowners on whether they need permits for their land. “The inconsistent standards of the WOTUS final rule creates uncertainty and confusion for America’s small business owners when what they deserve is clarity and consistency,” said Kevin Kuhlman, NFIB Vice President of Federal Government Relations. “The small business community is hopeful that Congress will take action to alleviate the regulatory burdens facing farmers, ranchers, and other small businesses throughout the country.” Under the Clean Water Act (CWA), the WOTUS Rule determines which bodies of water fall under federal jurisdiction. Over the years, presidential administrations have applied very different standards regarding when the federal government has jurisdiction over – and can regulate – wetlands. The EPA’s latest rule reinstates a broader interpretation of the CWA that would expand federal authority over private property wetlands and land across the country. Under this standard, owners would need to acquire federal permits to make changes to lands that are dry most of the year. NFIB members have identified “unreasonable government regulations” as one of the top problems facing their businesses. Last year, NFIB filed an amicus brief in the U.S. Supreme Court case Sackett v. EPA, arguing that the EPA should reverse the lower court’s decision and clarify the proper test for determining the outer bounds of federal authority under the Clean Water Act. “The WOTUS standard and definition has changed numerous times, complicating the clarity small businesses need in order to comply with government regulations,” said Kuhlman. “The final rule issued by the EPA and the Department of the Army was premature as the U.S. Supreme Court has yet to issue a decision on Sackett v. EPA. Small businesses applaud the U.S. Senate and House for passing this disapproval of the final rule and working to ease the regulatory burdens on small businesses.” Take Action: Thank those legislators who voted in favor of repealing WOTUS and express your disappointment to those who voted against repealing WOTUS.

TAKE ACTION

Topics:

Agriculture

Regulations

Get to know NFIB

NFIB is a member-driven organization advocating on behalf of small and independent businesses nationwide.

Learn More

February 17, 2026

Small Business Optimism Remains Steadily Above Historical Average

The January Small Business Economic Trends report includes the new NFIB Small Business Employment Index. Learn more about the new data and 2026 outlook for sma…

February 17, 2026

Small Business Deduction Champion Awards Announced

NFIB awarded pennants to Members of Congress who played a critical role in making the 20% Small Business Tax Deduction permanent, which prevented a massive tax…

February 17, 2026

Webinar: Tips on Data Privacy, Advertising, and Online Reviews

NFIB’s monthly webinar provides tips to avoid customer complaints and best practices for data privacy, advertising, and online reviews.

February 17, 2026

Small Business Rundown Explains Estate Tax Changes

NFIB member Greg Niewold joins the Small Business Rundown to explain how the estate tax affects his multi-generational family farm and how the tax changes for …

Small Businesses Support Bipartisan Challenge of WOTUS Rule

Related Articles