Biden in Hot Water with Small Business Leaders Over WOTUS Rule

WASHINGTON — The Senate could soon take up an effort to overturn President Biden’s burdensome Waters of the United States (WOTUS) rule, a rule that will negatively impact an estimated 4.3 million small businesses across the agriculture, construction, and manufacturing industries alone. Business leaders across multiple sectors oppose Biden’s rule and support the Republican-led effort – backed by Senate Small Business Committee Ranking Member, Senator Joni Ernst (R-Iowa), and all 48 other Senate Republicans – to scrap the new rule. Industry leaders are frustrated with increased red tape, vague guidance, and expanded regulations while the administration shows a lack of concern for the livelihoods of Americans.

“The WOTUS final rule is just one example of these onerous federal regulations that will significantly increase the regulatory burdens and uncertainty facing small businesses. The arbitrary language and case-by-case determinations of the WOTUS rule will make compliance a nightmare for small businesses…Additionally, small business owners’ expectations for better business conditions six months from now remains near historic lows. If there was a time to not impose additional burdensome regulations, that time is now,” said the National Federation of Independent Businesses.

“The Biden administration’s flawed, burdensome and overreaching WOTUS rule will result in sweeping changes to the federal government’s authority to regulate what is considered a navigable water with enormous impacts on small businesses, developers and contractors. The rule will cause building delays due to regulatory uncertainty, plus increased permitting and mitigation costs, which will make it more difficult and expensive to grow food, produce energy and build critical infrastructure for the 21st century,” said the Associated Builders and Contractors.

“The Agencies say this rule will have only de minimis impacts. But there is no question this rule will impose significant costs on farmers, ranchers, small businesses and communities,” said the Waters Advocacy Coalition.

“The final "Revised Definition of 'Waters of the United States'" rule will significantly increase the regulatory burdens and create further uncertainty for state departments of agriculture, farmers, and ranchers across the country. NASDA asks for your support by voting YES on H.J.Res. 27,” said the National Association of State Departments of Agriculture.

“The Clean Water Act is a key permitting avenue for any manufacturer, and as it stands now, WOTUS is ripe with ambiguity and inconsistent terminology, and we need Congressional intervention in order to facilitate manufacturing expansion while achieving environmental stewardship,” said the National Association of Manufacturers.

“This rule lacks definitions for key terms, uses vague and conflicting examples, and doubles down on an expanded and subjective ‘significant nexus’ test. It complicates an already complex process without corresponding environmental benefits beyond what the current regulations already provide. Small businesses and landowners will be forced to spend tens of thousands of dollars to hire consultants and lawyers simply to determine whether there is federally jurisdictional water on their property and if they need a federal permit. Delays created by regulatory uncertainty, plus increased permitting and mitigation costs, will make it more difficult and expensive to meet our nation’s ambitious infrastructure goals, grow food, produce energy, and provide clean drinking water,” said a broad coalition of organizations representing multiple industries, including agriculture, energy, transportation infrastructure, construction and real estate, manufacturing, and many others.

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