Clean Water Act, California Clean Air Act Among NFIB Legal Center Amicus Filings

September 4, 2024

NFIB Small Business Legal Center’s top five dealt with important small business issues

Clean Water Act, California Clean Air Act Among NFIB Legal Center Amicus Filings

The NFIB Small Business Legal Center spent July and August filing amicus briefs in courts nationwide dealing with important small business issues:

San Francisco v. EPA – filed in the U.S. Supreme Court, asks whether the EPA and States can issue vague water quality standards under the Clean Water Act. NFIB argues that water quality standards must be specific, or businesses will open themselves up to the threat of enforcement and harmful activist lawsuits.
E.M.D Sales, Inc. v. Faustino Sanchez Carrera – filed in the U.S. Supreme Court, asks what standard of proof courts should use to determine if an employee is exempt from overtime pay requirements under the Fair Labor Standards Act (FLSA). NFIB argues that the Fourth Circuit’s standard is unnecessarily high, twists the FLSA, and harms businesses.
Diamond Alternative Energy, LLC v. EPA – filed in the U.S. Supreme Court, asks whether California should be allowed to regulate vehicle emission standards for the entire country. NFIB argues that the Court should review California’s Clean Air Act waiver, which is unlawful.
Advance Stores Co. v. Birthwright – filed in the Second Circuit Court of Appeals, asks whether New York labor law allows for a private right of action lawsuit under New York’s weekly payment law for manual workers. NFIB argues that New York labor law does not allow for a private right of action and that such claims have flooded New York courts and placed an enormous liability risk on small businesses.
Gardner v. Norman – filed in the Utah Supreme Court, asks whether Utah should allow plaintiffs in personal injury cases to recover the full list price of medical care. NFIB argues that plaintiffs should recover the amount actually paid for their medical care rather than an inflated estimate.

TAKE ACTION

Let your small business voice be heard on the importance of these cases. 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.

Topics:

Legal

Get to know NFIB

NFIB is a member-driven organization advocating on behalf of small and independent businesses nationwide.

Learn More