NFIB has submitted an amicus brief to the U.S. Court of Appeals for the First Circuit in the case Relentless Inc. et al. v. U.S. Department of Commerce. The case addresses how courts should review agency interpretations of statutes following the Supreme Court’s decision in Loper Bright v. Raimondo, which ended Chevron deference.
Beth Milito, Vice President and Executive Director of NFIB’s Small Business Legal Center, commented on the significance of the case: “This case will reveal whether the lower federal courts are following the Supreme Court’s command in Loper, or whether they continue to place a thumb-on-the-scale in favor of federal agencies, to the detriment of small businesses,” she said. “The district court failed in its obligation to assess the challenged statute independently and thoroughly. NFIB urges the court to reverse the decision below in favor of promoting faithful compliance with the new Loper standard.”
In its brief, NFIB argues that courts must now conduct both independent and thorough reviews when determining statutory interpretation by agencies as required by Loper Bright v. Raimondo. The organization contends that the district court did not meet this standard and instead relied on reasoning based on deference to uphold agency action.
Additionally, NFIB challenges any assertion that regulated entities should bear regulatory costs without legal basis, stating this is particularly harmful for small businesses.
The NFIB Small Business Legal Center is involved in more than 40 cases across federal and state courts nationwide as well as at the U.S. Supreme Court.
