NFIB Cautions Rise in Energy Costs on Small Businesses in Supreme Court Amicus Brief

Date: December 20, 2021

West Virginia v. EPA concerns EPA scope of power imposing costly regulations

WASHINGTON, D.C. (Dec. 20, 2021)NFIB filed an amicus brief in the case West Virginia v. Environmental Protection Agency at the United States Supreme Court. NFIB urges the Supreme Court to reverse the D.C. Circuit’s decision, which significantly increased the Environmental Protection Agency’s (EPA) authority to address climate change, without necessary Congressional approval.

“Energy costs are already a large expense for most small businesses across the country and increasing those costs will impact their bottom line significantly at a time when they can least afford it,” said Karen Harned, Executive Director of NFIB’s Small Business Legal Center. “If the D.C. Circuit’s decision is upheld, small businesses will not only face a rise in electricity costs, but thousands of jobs will be lost in the electricity, coal, and natural gas sectors.”

The case primarily concerns whether the Clean Air Act (CAA) gives EPA authority to broadly transform the entire energy sector to address climate change, by enacting near-impossible carbon emission standards on existing coal-fired fuel plants. NFIB argues that the EPA needed clear authorization from Congress before imposing costly and significant regulations on the energy industry, which would impact small businesses in a variety of sectors.

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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