Date: September 23, 2013 Last Edit: November 09, 2016

Robertson v. United States – Regulatory Reform

U.S. Supreme Court – Petition for Certiorari

The NFIB Legal Center filed an amicus brief urging the U.S. Supreme Court to grant certiorari in this case on the view that the existing definition of “waters of the United States”, as set forth in the Clean Water Act and existing regulation, is unconstitutionally void for vagueness. The brief argues that the “nexus test”, as set forth by Justice Kennedy’s opinion in Rapanos v. United States, provides no meaningful direction for landowners seeking to determine whether their property is subject to CWA jurisdiction.


Garco Construction v. Speer – Regulatory Reform

U.S. Supreme Court – cert petition

In this case, a private firm performing work on a military installation sought to challenge an Executive Branch interpretation of existing regulation pertaining to who may be granted access to the base. The company argued that the government had improperly construed the regulation to deny access to many of its workers, which in turn raised labor costs dramatically for the company. NFIB Small Business Legal Center joined in urging the Supreme Court to take this case in the hope of overturning a problematic precedent that currently requires courts to defer to an agency’s construction of its own ambiguous regulation—even where presented with a better interpretation.


BNSF Railway Co. v. Tyrrell – Legal reform (forum shopping / personal jurisdiction) 

U.S. Supreme Court

NFIB joined in this case in urging the Supreme Court to rein-in forum shopping plaintiffs. Specifically, NFIB argued that out-of-state business defendants should not be hauled into state courts if the plaintiff’s injury did not occur in that forum–at least not where the plaintiff resides in a different state as well.


If you have a case that impacts small business, please contact us at:  1-800-552-NFIB.  We are actively looking for opportunities to weigh in on important issues in Montana.

In the meantime, we are involved in many cases that impact this state and others.  To see our complete list of Supreme Court cases click on Washington, DC on the interactive map.

Thank You




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