NFIB Statement on EPA’s Premature WOTUS Rule That Adds Uncertainty For Small Businesses

Date: December 30, 2022

EPA’s final rule on WOTUS ignores SCOTUS and creates further confusion

WASHINGTON, D.C. (Dec. 30, 2022) – The National Federation of Independent Business (NFIB), the nation’s leading small business advocacy organization, released the following statement in response to the Environmental Protection Agency’s (EPA) and Department of the Army’s final rule on Waters of the United States (WOTUS):

“We are disappointed that the EPA ignored NFIB’s call for the agency to wait while Sackett v. EPA is pending at the U.S. Supreme Court,” said NFIB President Brad Close. “America’s small farmers, ranchers, developers, contractors, and other small businesses with water on their property have been affected greatly by the ongoing changes to WOTUS standards. This final rule further complicates compliance standards and increases uncertainty for small businesses as they wait to hear from the Supreme Court.

NFIB filed an amicus brief in the case Sackett v. EPA at the U.S. Supreme Court. NFIB’s brief argues the Supreme Court should reverse the lower court’s decision and clarify that the Rapanos plurality provides the proper test for determining the outer bounds of federal authority under the Clean Water Act.

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