EPA Repeals Overly Expansive Waters Rule

Date: September 16, 2019

Small business owners have one less worry that their lands could be subject to overzealous federal regulation. The Environmental Protection Agency (EPA) and Army Corps of Engineers repealed the sweeping Waters of the United States (WOTUS) rule that had farmers and ranchers on edge since it was adopted by the Obama administration in 2015.

“Sanity has returned to the Clean Water Act regulations,” said Karen Harned, Executive Director of the NFIB Small Business Legal Center. “This move to restore the rules that were in place before the Obama-era expansion represents a big win for common sense.”

The previous administration had expanded the definition of “the waters of the United States” to cover not just oceans, lakes, and rivers, but also dry patches of land that happen to carry a bit of water during a heavy rainfall. This made the definition so subjective that frustrated landowners often found themselves unknowingly running afoul of Clean Water Act regulations, racking up thousands of dollars in daily fines. NFIB played a leading role in pushing for needed changes to this definition, and you can read our comments supporting the new rule..

In the next few months, EPA and Army Corps of Engineers will release a revised “waters of the United States” definition that is expected to provide clarity to small businesses. Landowners can plan to use their lands without worrying that a puddle might one day subject the property to Washington’s red tape.

The NFIB Small Business Legal Center is watching closely the next steps at EPA and Army Corps, and we will continue to urge the administration to go further in crafting revisions that take into account the unique needs of the small business community.

If you were affected by WOTUS, please take NFIB’s survey as we continue to work to simplify the definition of the Clean Water Act.

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