The U.S. Small Business Administration, a federal agency responsible for protecting the interests of small businesses, has asked the Administration to withdraw a proposed rule that changes the scope of existing law without Congress’ authority and expand federal regulatory power under the Clean Water Act.
In a letter to the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps), the Office of Advocacy of the U.S. Small Business Administration (SBA) raised concerns that the proposed rule “Definition of Waters of the United States under the Clean Water Act” would have “direct, significant effects” on small businesses. The SBA Office of Advocacy stated that the proposed rule was improperly certified by the EPA and Corps, and urged withdrawal of the rule.
Changing the scope of federal law is solely the responsibility of Congress, and over the past several Congresses, the legislative branch has repeatedly determined not to expand federal jurisdiction under the Clean Water Act. However, finalization of the proposed rule would allow the Administration to bypass the legislative process in order to achieve its agenda.
NAR has been actively engaged in this effort to force the EPA to withdraw this proposed rulemaking and will continue to look for every opportunity and make every effort to oppose this proposed overreach of Clean Water Act authority.