NFIB Vice President of Federal Government Relations, Kevin Kuhlman, commented on the veto, saying it demonstrates “a disconnect with the concerns of small businesses.” He noted that the EPA’s and Department of the Army’s WOTUS rule, which went into effect on March 20, 2023, expanded federal regulatory authority over wetlands, farms, and private property. The NFIB warned this rule would increase regulatory burdens and uncertainty for small businesses.
Bipartisan members of Congress had listened to the concerns of small businesses and voted to repeal the rule. However, on April 6, 2023, President Biden vetoed the bipartisan resolution, leading to increased compliance costs and uncertainty for small businesses.
NFIB members have identified “unreasonable government regulations” as a significant problem for their businesses. The organization filed an amicus brief in the U.S. Supreme Court case Sackett v. EPA last year, arguing that the EPA should reverse the lower court’s decision and clarify the proper test for determining federal authority under the Clean Water Act.