Small Business Statement on Revised EPA WOTUS Rule

Date: August 29, 2023

Owners are disproportionately impacted by ever-changing WOTUS standard

WASHINGTON, D.C. (Aug. 29, 2023) – 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 revised rule on Waters of the United States (WOTUS):

“Earlier this year, the U.S. Supreme Court ruled in favor of small businesses and clarified the WOTUS standard for small employers and landowners,” said Beth Milito, Executive Director of NFIB’s Small Business Legal Center. “The revised rule further complicates the standard and definition of WOTUS, which disproportionately impacts small businesses. We are disappointed by today’s revised rule and the agencies’ decision to block public input. We urge the administration to follow the guidance of the Supreme Court.”

NFIB applauded the U.S. Supreme Court’s decision in Sackett v. Environmental Protection Agency, which affirmed the limits set by Congress and limited the authorities granted under the Clean Water Act. NFIB filed an amicus brief in the case arguing for a clear and consistent standard for WOTUS regulations.

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