The National Federation of Independent Business (NFIB) has expressed approval following the Supreme Court's decision in the case of City and County of San Francisco, California v. Environmental Protection Agency (EPA). The court ruled against the EPA's use of generic prohibitions in National Pollutant Discharge Elimination System (NPDES) permits. These prohibitions previously subjected permit holders to enforcement and penalties for exceeding water quality standards without specifying limits for discharges.
"Today’s ruling is good news for small business owners who rely on clear and consistent water quality standards, as promised by the Clean Water Act," said Beth Milito, Vice President and Executive Director of NFIB’s Small Business Legal Center. "We are pleased the Court agreed that without specific permitting conditions, it would be impossible for permittees, including many small businesses, to comply with the EPA’s ambiguous standards."
The NFIB had filed an amicus brief urging the Supreme Court to reject these broad "end-result" water permitting conditions under the Clean Water Act (CWA). Their brief argued that such conditions could have harmful impacts on businesses and were inconsistent with CWA's text and design.
Several organizations joined NFIB in filing this brief, 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 continues its mission to protect small business rights in courts across the United States. Currently involved in over 40 cases nationwide and at the U.S. Supreme Court level.
