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Regulatory Reform & Small Business

WOTUS

On November 17, 2025, the Environmental Protection Agency (EPA) announced a proposed rule to clarify the definition of “waters of the United States” (WOTUS) and fully implement the Supreme Court’s decision in Sackett v. EPA. NFIB issued a statement regarding the proposed rule, praising it for fostering “economic prosperity for small businesses by providing WOTUS clarity and predictability” and “putting an end to the longstanding practice of federal bureaucratic overreach regarding WOTUS.” In January 2026, NFIB submitted comments to the EPA on the proposed rule offering suggestions to make it even better for small businesses and further protect Americans’ property rights.

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