NFIB v. U.S. EPA -- The Legal Foundation Fights Burdensome Lead-Reporting Rule

Author: R Stell Date: September 27, 2006

In 2001, NFIB sued the U.S. Environmental Protection Agency when it failed to adequately address small-business impact and issued a new Toxic Release Inventory lead-reporting rule that has required thousands of small businesses that have zero lead emissions to file yearly paperwork. In addition to alleging violations of the Regulatory Flexibility Act, the NFIB complaint alleged that EPA did not base its lead regulation on sound economic and scientific grounds. This rule lowered the reporting threshold from 10,000 to 100 pounds of lead or lead compounds manufactured, processed or used. Understanding the compliance requirements of this rule has been extremely difficult for small business. Some small businesses have spent more than 95 hours trying to determine whether they are even covered by the regulations. 

Status: DECIDED. Motion for summary judgment filed by the Legal Foundation July 30, 2004. Court ruled in favor of the EPA Jan. 20, 2006.

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