Topics:
February 15, 2023
In letters to Congress, NFIB advocates for a "Congressional Review Act" resolution to repeal the Administration's new WOTUS rule
WOTUS Rule Repeal Effort Receives Small Business Support
Which bodies of water are subject to federal regulation has been greatly contested when it comes to Waters of the United States (WOTUS). NFIB members have been fighting for certainty and clear compliance standards while the rules continue to change with each administration. The Congressional Review Act (CRA) establishes a process for a resolution of disapproval that would repeal the new WOTUS rule. NFIB recently sent two letters of support for the CRA to the House and Senate.
The resolution would repeal the Environmental Protection Agency’s (EPA) and the Army Corps of Engineers’ December 2022 WOTUS rule that expands the federal government’s regulatory authority over wetlands, farms, and private property. The Administration ignored the calls from NFIB and America’s small farmers, ranchers, developers, contractors, and other small businesses to wait for the U.S. Supreme Court decision in the Sackett v. EPA case, which is expected in the coming months.
“America’s farmers, ranchers, developers, contractors, and other small businesses have been greatly affected by the ongoing changes to WOTUS standards,” explained Kevin Kuhlman, NFIB Vice President of Federal Government Relations. “This overreaching rule increases compliance burdens and uncertainty for small businesses as they wait to hear from the Supreme Court.”
According to NFIB’s Problems and Priorities survey, “unreasonable and burdensome government regulation” is a significant problem facing small businesses. NFIB has filed an amicus brief in Sackett v. EPA. NFIB’s brief argues the Supreme Court should reverse the lower court’s decision and clarify that EPA has exceeded its federal authority under the Clean Water Act (CWA).
Under the 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 new 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 for lands that are dry most of the year.
If you are concerned with the Biden Administration’s overreaching new WOTUS rule, tell us about your concerns and personal experiences with federal WOTUS issues.
Get to know NFIB
NFIB is a member-driven organization advocating on behalf of small and independent businesses nationwide.
Related Articles
Related
May 12, 2026
NEW NFIB SURVEY: Small Business Optimism Remains Below Average But Stable
WASHINGTON, D.C. (May 12, 2026) – The NFIB Small Business Optimism Index rose 0.1 points in April to 95.9, below its 52-year average of 98.0 for the second con…
Read More
Related
May 11, 2026
Oregon Supreme Court Asked to Review Meal Break Decision
NFIB joins others in request for review of Athena v. Pelican Brewing case
Read More
Related
May 8, 2026
OSHA Heat Safety Rules for Small Businesses and Steps to Protect Your Workers
Whether your employees work inside or out, heat-related illness is a serious risk that can lead to legal and financial consequences for your business. As the O…
Read More
Related
May 8, 2026
NFIB Urges Congressional Leaders to Include Small Business Priorities in Additional Reconciliation Bill
New package should further unleash small business success with targeted tax, regulatory, and healthcare reforms
Read More