Skip to content

Small Businesses Challenge EPA’s Waiver on Greenhouse Gas Emissions

Small Businesses Challenge EPA’s Waiver on Greenhouse Gas Emissions

November 1, 2022

Small Businesses Challenge EPA’s Waiver on Greenhouse Gas Emissions

WASHINGTON, D.C. (Nov. 1, 2022) – The NFIB Small Business Legal Center filed an amicus brief in the case Ohio v. Environmental Protection Agency (EPA) at the U.S. Court of Appeals for the District of Columbia. The case concerns the EPA’s waiver allowing California to regulate greenhouse gas emissions from motor vehicles. NFIB is challenging the reinstatement of EPA’s waiver. “Small businesses nationwide will feel the consequences of higher energy costs if the EPA’s waiver is allowed,” said Beth Milito, Executive Director of NFIB’s Small Business Legal Center. “Unfortunately, the EPA is acting without clear congressional authorization which will affect the small business economy. NFIB urges the Court to set aside the EPA’s reinstatement of California’s preemptive waiver.” NFIB’s brief argues that 1) the Supreme Court synthesized decades of major-questions-doctrine caselaw in West Virginia v. EPA, and 2) the EPA ignored comments that confirm this is a major-questions case. NFIB filed the amicus brief with the Western States Petroleum Association, California Asphalt Pavement Association, American Trucking Associations, Inc., and National Tank Truck Carriers, Inc. The NFIB Small Business Legal Center protects the rights of small business owners in the nation’s courts. NFIB is currently active in more than 40 cases in federal and state courts across the country and in the U.S. Supreme Court.
Get to know NFIB

NFIB is a member-driven organization advocating on behalf of small and independent businesses nationwide.

Receive our newsletter and email notification
Knowledge is power. Let us help you stay informed with breaking legislative news, regulatory updates, business tips, and more.

Related Articles

March 11, 2026
DOL and NLRB Announce Changes to Worker Classification
Recently, two federal agencies announced rule changes that should lessen the risk of worker misclassification. On February 26, 2026, the U.S. Department of Lab…
Read More
Louisiana State Capitol photo by Todd Pack
March 10, 2026
NFIB Urges Lawmakers to Continue Insurance, Legal Reforms
Reducing costs would help Louisiana small businesses grow.
Read More
Decorative Scales of Justice
March 9, 2026
NFIB Urges GA Senate to Pass ADA Lawsuit Reform Bill
The bill would let employers recover damages and legal costs from unsuccessful lawsuits.
Read More
Legal series folder
March 6, 2026
NFIB Asks Colorado Supreme Court to Protect Small Businesses from Lawsuit Abuse
NFIB filed an amicus brief in the case Public Service of Colorado v. Ross regarding the responsibility of small businesses for damages in wrongful death cases.
Read More

© 2001 - 2026 National Federation of Independent Business. All Rights Reserved. Terms and Conditions | Privacy Policy | Accessibility