WOTUS redefines what is considered navigable water, broadening regulatory powers for the EPA over waters in the United States. The rule, finalized early in 2015, was deemed necessary by the EPA to protect drinking water in the U.S.
The Clean Water Act was passed by the Nixon Administration to confine federal government to “navigable waterways,” a term that now fits a new definition.
Senior Staff Attorney for the NFIB Small Business Legal Center Luke Wake, said the new rules shows a complete disregard for small business.
“They certified that there would be no significant impact on small business, which we think is audacious and unacceptable,” Wake said.
The Regulatory Flexibility Act requires the performance of a small business impact analysis, an action that has not yet been taken by the EPA. Critics of the new rule say this is complete ignorance of the law.
“If you own property that is swept into this rule, for one, it’s going to mean that, as a practical matter, there is almost nothing you can do with it,” Wake said. “Your land is essentially forced into being a nature reserve, for lack of a better way of putting it.”
For the complete interview with Senior Staff Attorney for the NFIB Small Business Legal Center Luke Wake, click below: