Washington, DC (April 23, 2025) – THE National Federation of Independent Affairs (NFIB)The main organization of defense of small businesses in the country, sent a commentary In response to the Environmental Protection Agency (EPA) and the recent army opinion requesting recommendations on how future regulations concerning the Clean Water Act (CWA) can better respect the American Supreme Court decision In Sackett c. EPA.
NFIB has provided suggestions that would guarantee the clarity and consistency of small businesses while regulatory organizations plan to write new regulations relating to “Water of the United States” (Wotus).
“Uncertainty is an enemy of owners of small businesses,” said NFIB SMITH’s main lawyer. “The landowners of small businesses, and all owners, deserve simple and invariable directives of their regulatory organizations. Many conformity agents managed by the family or the implementation of new regulations. landowners. »»
NFIB’s comment letter recommended five ways, the EPA and the army should proceed when you seek to implement new Wotus regulations. NFIB recommends that: 1) Any stated rule defines to what extent wetlands are considered to be water; 2) Agencies give owners of small businesses the possibility of correcting violations so that application actions only occur in the cases of deliberate and repeated violations; 3) EPA and the army should submit to the legislation proposed by the Congress to modify the Clean Water Act Include a definition of common sense of the “navigable waters”; 4) Agencies adopt an easy -to -understand light line rule to respond to what “relatively permanent” means; and 5) EPA and the army explicitly exclude the ditches of the general competence of the CWA.
NFIB filed a memory of Amicus in the 2022 case Sackett c. EPA At the United States Supreme Court, urging the Court to combat the confusing standards of Wotus with an impact on small business owners nationally. Nfib opposite The Wotus rule of the previous administration, which sought to widely expand federal competence on private property.