NFIB has submitted an amicus brief to the United States Supreme Court in the case of Diamond Alternative Energy, LLC, et al. v. Environmental Protection Agency (EPA). The case addresses Clean Air Act waivers and increased standards for indirectly regulated parties who must prove that a court can remedy a plaintiff's injury. NFIB partnered with the Western States Petroleum Association (WSPA) and other business groups to file this brief.
Beth Milito, Vice President and Executive Director of NFIB’s Small Business Legal Center, commented on the matter: “The D.C. Circuit’s decision convolutes this legal process and allows agency overreach to go unchallenged.” She emphasized the rights of small businesses and indirectly regulated parties to seek relief from harmful regulatory actions. Milito urged the U.S. Supreme Court to consider the potential impact of the D.C. Circuit’s decision on small businesses and the national economy.
The amicus brief presented by NFIB argues that the D.C. Circuit’s opinion sets an incorrect standard for proving that a court can remedy a plaintiff's injury, creates confusion in standing doctrine, and results in unintended consequences affecting indirectly regulated parties challenging agency regulations.
The NFIB Small Business Legal Center is dedicated to protecting small business owners' rights in courts nationwide. Currently, NFIB is involved in over 40 cases across federal and state courts as well as at the U.S. Supreme Court level.
