WASHINGTON, D.C. (Nov. 18, 2025) – The National Federation of Independent Business (NFIB), the nation’s leading small business advocacy organization, issued the following statement regarding the Environmental Protection Agency (EPA) and Department of the Army’s announcement of a new proposed rule governing “waters of the United States” (WOTUS).

“The previous WOTUS regulation was a nightmare for small business landowners and all property owners,” said NFIB President Brad Close. “NFIB appreciates that the proposed rule seeks to fully implement and adhere to the Supreme Court’s decision in Sackett v. EPA, fosters economic prosperity for small businesses by providing WOTUS clarity and predictability, and appropriately balances state versus federal government authority, putting an end to the longstanding practice of federal bureaucratic overreach regarding WOTUS.”

NFIB opposed the previous Administration’s WOTUS rule, which sought to broadly expand federal jurisdiction over private property, and subsequently filed an amicus brief in the 2022 case Sackett v. EPA at the United States Supreme Court urging the Court to address the confusing WOTUS standards impacting small business owners nationwide. Earlier this year, NFIB sent a comment letter providing suggestions that would ensure clarity and consistency for small businesses as agencies drafted new WOTUS regulations.