Small Businesses Continue Fight Against Final WOTUS Rule in Latest Amicus Briefs

April 27, 2023

Small Businesses Continue Fight Against Final WOTUS Rule in Latest Amicus Briefs

WASHINGTON, D.C. (April 27, 2023) – NFIB filed two amicus briefs in the cases Commonwealth of Kentucky v. United States Environmental Protection Agency (EPA) and Kentucky Chamber of Commerce, et al. v. EPA at the United States Court of Appeals for the Sixth Circuit. These cases concern the EPA’s final rule on the waters of the United States (WOTUS) and whether the Court should grant a preliminary injunction on the rule. “The final WOTUS rule will be disastrous for small farmers, ranchers, developers, and other small businesses,” said Beth Milito, Executive Director of NFIB’s Small Business Legal Center. “The rule expands the definition of WOTUS, which will ultimately raise compliance costs and increase uncertainty for small business owners doing their best to avoid sanctions. The Court should grant the emergency motions for a preliminary injunction pending appeal.” NFIB filed an amicus brief in the case Sackett v. EPA at the U.S. Supreme Court and supported U.S. Congressional efforts in disapproving the final WOTUS rule, which President Biden vetoed. The NFIB Small Business Legal Center protects the rights of small business owners in the nation’s courts. NFIB is currently active in more than 40 cases in federal and state courts across the country and in the U.S. Supreme Court.

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