NFIB Statement on President Biden’s Veto of Bipartisan WOTUS Congressional Resolution

Date: April 07, 2023

WASHINGTON, D.C. (April 7, 2023) – The National Federation of Independent Business (NFIB), the nation’s leading small business advocacy organization, released the following statement in response to President Biden’s veto of a joint Congressional bipartisan resolution of disapproval for the Waters of the United States (WOTUS) final rule.

“President Biden’s decision to veto a bipartisan Congressional resolution to repeal a complex and burdensome regulation further demonstrates a disconnect with the concerns of small businesses,” said Kevin Kuhlman, NFIB Vice President of Federal Government Relations. “On March 20, 2023, the EPA’s and Department of the Army’s Waters of the United States (WOTUS) rule went into effect – a rule that significantly expanded federal regulatory authority over wetlands, farms, and private property. NFIB cautioned this rule would increase the regulatory burdens and uncertainty facing small businesses, and we were pleased to see Bipartisan members of Congress heard the concerns of small businesses and voted to repeal the rule. However, on April 6, 2023, President Biden vetoed the bipartisan resolution, resulting in the fact that small businesses will now face additional compliance costs and uncertainty due to this decision. Small businesses are grateful for Congress’ leadership to eliminate this burdensome rule and urge the Administration to consider the concerns of small business owners more seriously when issuing regulations.”

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.



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