Small Businesses Challenge EPA’s Waiver on Greenhouse Gas Emissions

Date: November 01, 2022

Ohio v. EPA concerns EPA’s waiver allowing California regulations on motor vehicle 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.

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