Supreme Court to Hear Oral Arguments On DOL’s Unchecked Rulemaking

Date: December 01, 2014
For Immediate Release
Contact:  Eric Reller
202-314-2073 or [email protected]

Court to Hear Oral Arguments On DOL’s Unchecked Rulemaking

WASHINGTON, D.C., December 1,
2014 — Karen Harned, Executive Director of NFIB’s Small Business Legal Center,
made the following statement in response to the Supreme
Court hearing oral arguments in Perez v. Mortgage Bankers Association, in which NFIB has filed an amicus brief.

businesses across the country are keenly interested in the discussions taking
place at the Supreme Court today. NFIB believes that if federal agencies are
allowed to skirt public participation in the rulemaking process by the expansion
of “interpretive rules” – agencies will utilize this discretion to keep the
public out of the process all together. It is important that federal agencies
go through the regulatory process as required by law and not ‘reinterpret’
rules on the fly. NFIB urges the Supreme Court to protect small businesses and
maintain limits to federal agency discretion.”

this case, the Supreme Court will decide whether to uphold the D.C. Circuit’s
requirement that a federal agency engage in formal rulemaking procedures before
it significantly changes an interpretative rule. This decision will have a
major impact on small businesses ability to plan, comply and navigate the
complex federal rulemaking process. If the D.C. Circuit’s requirement is
overturned – small business owners will face considerable uncertainty and have
even less of a voice in rules that directly impact how they run their business.



NFIB Small Business
Legal Center
 is a 501(c)(3)
organization created to protect the rights of America’s small business owners
by providing advisory material on legal issues and by ensuring that the voice
of small business is heard in the nation’s courts. The National Federation of
Independent Business is the nation’s leading small business association, with
offices in Washington, D.C. and all 50 state capitals

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