NFIB supports amendment limiting EPA’s authority on waters rule

The National Federation of Independent Business (NFIB) lobbied U.S. senators on Tuesday in support of a budget resolution amendment that would prevent the Environmental Protection Agency (EPA) from regulating non-navigable waters.

The amendment, sponsored by Sen. John Barrasso (R-WY), was drafted in response to the EPA’s likely expansion of the Clean Waters Act that, as written, applies to incidental waters such as farm ponds and seasonal streams. Seen as an overreach by some politicians, farmers and other business owners, the rule has faced opposition on several fronts.

“The EPA can’t be allowed to expand its own authority to include every pond, creek and stream in the United States,”  NFIB CEO and President Dan Danner said.

If the EPA’s expansion happens, it could lead to permitting and environmental consulting fees for business owners who have the affected waters on their property, as well as costly penalties for non-compliance.

In support of the amendment, which would clarify the definition of waters and therefore the limits of federal authority over them, the NFIB sent a letter to members of Senate urging them to support it.

“This is a chance for members who say they care about small business and who claim to be concerned about regulatory overreach to do something about it,” Danner said.