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Wednesday, April 2, 2025

NFIB challenges EPA's final WOTUS rule impacting Kentucky businesses

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Tom Underwood State Director NFID Kentucky | Official Website

Tom Underwood State Director NFID Kentucky | Official Website

NFIB, a prominent small business advocacy group in Kentucky and nationwide, has submitted amicus briefs to the U.S. Court of Appeals for the Sixth Circuit. These briefs pertain to two cases: Commonwealth of Kentucky v. United States Environmental Protection Agency (EPA) and Kentucky Chamber of Commerce, et al. v. EPA. The focus is on the EPA's final rule regarding the waters of the United States (WOTUS) and whether a preliminary injunction should be issued.

Beth Milito, executive director of the NFIB Small Business Legal Center, expressed concerns about the rule's impact: "The final WOTUS rule will be disastrous for small farmers, ranchers, developers, and other small businesses." She highlighted that expanding WOTUS' definition could lead to higher compliance costs and increased uncertainty for small business owners trying to avoid sanctions. Milito added that "the Court should grant the emergency motions for a preliminary injunction pending appeal."

NFIB also filed an amicus brief in Sackett v. EPA at the U.S. Supreme Court and supported Congressional efforts to disapprove of the final WOTUS rule, which was vetoed by President Biden.

The NFIB Small Business Legal Center aims to protect small business owners' rights in courts across the nation. Currently, NFIB is involved in over 40 cases at federal and state levels as well as at the U.S. Supreme Court.

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