The National Federation of Independent Business (NFIB), a small-business advocacy organization, recently provided suggestions for how future regulations pertaining to the Clean Water Act (CWA) can best adhere to the U.S. Supreme Court’s decision in Sackett v. EPA.
The suggestions are in response to a Environmental Protection Agency (EPA) and Department of the Army’s notice requesting recommendations.
“Uncertainty is a nemesis of small-business owners,” NFIB Senior Attorney Rob Smith said. “Small-business landowners, and all property owners, deserve straightforward, invariable guidelines from their regulating bodies. Many family-run or small enterprises do not have dedicated lawyers or compliance officers helping them decipher and implement new regulations.”
In its letter, the NFIB provided five recommendations for how the EPA and Army should proceed when seeking to implement new “waters of the United States” regulations.
The organization recommends that any future regulation define the extent at which wetlands are considered waters.
Agencies should give small-business owners the opportunity to correct violations.
The EPA and Army should submit proposed legislation to Congress that would amend the Clean Waters Act to include a definition of the term “navigable waters.
Agencies adopt an easy-to-understand bright line rule to address what “relatively permanent” means.
The EPA and Army would exclude ditches from the CWA’s general purview.