Beth Milito, Executive Director of NFIB’s Small Business Legal Center, said in a recent statement that judicial deference to government agencies is continually an issue for small businesses.
“Small business owners consistently rank unreasonable government regulations as a top problem in running their businesses. This case presents an opportunity for the Court to relieve some of that regulatory hardship on small businesses by overturning Chevron. We urge the Supreme Court to abandon the Chevron doctrine and reverse the lower court’s decision,” Milito said.
According to the press release, the NFIB submitted an amicus brief to the U.S. Supreme Court for the case Loper Bright Enterprises v. Gina Raimondo. This case raises the issue of whether the Court should do away with judicial deference to administrative agencies regarding legal interpretations, a doctrine that originated from Chevron v. Natural Resources Defense Council.
According to Case Briefs, in 1977, the Clean Air Act Amendments (Amendments) were introduced, placing responsibilities on states that had not met the national air quality standards established by the Environmental Protection Agency (EPA) in earlier legislation. These Amendments obligated "nonattainment" States to establish a permit program, with rigorous conditions, to oversee "new or modified major stationary sources" of air pollution. The case of Chevron v. Natural Resources Defense Council raised concerns about the EPA's decision, allowing States to consider all pollution-emitting devices within the same industry grouping as a unified "bubble." Case Briefs said that Chevron was groundbreaking insofar as it granted agencies deference for their reasonable policy-making choices.
According to the press release, in its brief, NFIB puts forth several arguments: 1) Small businesses bear the weight of unbridled and unquestioned regulations, which severely impact them. 2) The principle of stare decisis should not dissuade the Court from abandoning Chevron. 3) States have taken the lead in discarding Chevron deference, demonstrating a more constitutionally suitable direction. 4) Chevron has resulted in agencies expanding their authority, legislative apathy, and judicial inactivity. 5) Courts possess the necessary expertise and interpretive principles to supplant Chevron deference effectively.
According to the press release, within the nation's courts, the NFIB Small Business Legal Center acts as a protector of small business owners' rights. With a presence in more than 40 cases across federal and state courts nationwide, including the U.S. Supreme Court, NFIB remains actively engaged in defending the interests of small businesses.
