NFIB Files Amicus Brief in Hawaii Wildlife Fund v. County of Maui, Urging Supreme Court to Protect Small Businesses from EPA Overregulation

Date: May 29, 2019

Washington, D.C. (May 29, 2019) – NFIB filed an amicus brief in the case of Hawaii Wildlife Fund v. County of Maui, arguing that the Clean Water Act regulation should apply only when it concerns interstate commerce.

“Land is one of the most valuable assets a small business owner has, and great care is taken to make sure that the property is in good legal standing and that numerous regulations are met,” said Karen Harned, Executive Director of the NFIB Small Business Legal Center. “That’s why Hawaii Wildlife Fund v. County of Maui is so important. If the lower court’s ruling stands, this will be an unprecedented expansion of federal jurisdiction over private property. We urge the United States Supreme Court to reverse this ruling and uphold the principle that the Clean Water Act regulation should apply only when there is an effect on interstate commerce.”

Hawaii Wildlife Fund v. County of Maui primarily concerns whether the Clean Water Act regulates groundwater. NFIB argues that the Clean Water Act should not be interpreted so expansively and maintains that the statutory provisions in question should be narrowly construed to avoid creating serious constitutional problems because an overly expansive interpretation would stretch the limits of federal power to cover lands that have no connection to interstate commerce.

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.

To arrange an interview with Harned, please contact Stephanie Marrs at 202-314-2027.

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