National Federation of Independent Business (NFIB) officials noted the organization supports the U.S. Supreme Court’s recent ruling with regard to Sackett v. Environmental Protection Agency (EPA).
The NFIB indicated the case questioned whether the U.S. Court of Appeals for the Ninth Circuit set forth the proper test for determining whether wetlands are waters of the United States under the Clean Water Act. When a wetland is deemed to be a water of the United States, and thus subject to EPA’s jurisdiction, landowners can expect both bureaucratic and financial obstacles to improving their lands.
NFIB Small Business Legal Center Executive Director Beth Milito said the U.S. Supreme Court’s decision provides clarity for small business owners and landowners.
“The ever-changing standard and definition of ‘waters of the United States’ has disproportionately impacted small businesses, including farmers, ranchers, home builders, and contractors,” Milito said. “The Supreme Court’s ruling affirmed the limits set by Congress and will rein in the extreme interpretation of the Clean Water Act.”
The NFIB noted in December it opposed EPA’s and Department of the Army’s final rule on the waters of the United States. Its Small Business Legal Center protects the rights of small business owners in the nation’s courts and is currently active in over 40 cases in federal and state courts nationwide and in the U.S. Supreme Court.