WASHINGTON (Nov. 11, 2022) – The NFIB Small Business Legal Center filed an amicus brief in the case of Texas v. Environmental Protection Agency at the U.S. Court of Appeals for the D.C. Circuit. The case centers on the EPA’s new greenhouse gas (GHG) tailpipe rule for light-duty vehicles. Click here to read the amicus brief.
“This is one more example in a pattern of federal agencies trying to expand their power,” said Elizabeth Milito, executive director of the Small Business Legal Center. “The president couldn’t convince Congress to pass his GHG policy, so he had an executive agency do an end run around Congress and enact a regulation. That’s not how our Constitution works.”.
The NFIB filed the brief with the Pacific Legal Foundation. The brief makes two arguments. First, it argues that this case and the question before the D.C. Circuit is best viewed as a major questions doctrine case, and that Congress did not give EPA authority in the Clean Air Act to shift the entire nation’s automobile fleet toward electric vehicles. Second, the brief sets forth the disastrous economic impacts the rule, if upheld, would have on America’s small businesses and consumers.
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.