The National Federation of Independent Business (NFIB) has submitted an amicus brief to the U.S. Supreme Court in the case City and County of San Francisco, California v. Environmental Protection Agency (EPA). The case examines whether the Clean Water Act (CWA) permits the EPA or an authorized state to enforce generic prohibitions within National Pollutant Discharge Elimination System (NPDES) permits, which could hold permit holders accountable for water quality standard violations without specifying discharge limits.
"Small businesses rely on clear and consistent water quality standards, as promised by the Clean Water Act," said Beth Milito, Executive Director of NFIB’s Small Business Legal Center. "Without specific permitting conditions, it will be impossible for many small businesses to comply with ambiguous standards and protect themselves from harmful activist lawsuits. America’s job creators need clarity and relief from Washington, not further confusion."
The brief presents two main arguments: first, that NPDES permit conditions making permittees directly liable for receiving water quality have severe repercussions for businesses and the economy; second, that receiving water prohibitions conflict with the CWA's text and intent.
The NFIB filed this brief alongside several other organizations including the National Mining Association, American Chemistry Council, American Farm Bureau Federation, American Forest & Paper Association, American Fuel and Petrochemical Manufacturers, American Gas Association, Associated General Contractors of America, American Petroleum Institute, U.S. Chamber of Commerce, National Association of Home Builders, National Association of Manufacturers, National Pork Producers Council, Southeastern Lumber Manufacturers Association, and Fertilizer Institute.
The NFIB Small Business Legal Center is dedicated to protecting small business owners' rights in courts nationwide. The NFIB is currently engaged in over 40 cases across federal and state courts as well as in the U.S. Supreme Court.
