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Home / News / Analysis /

NFIB Challenges Courts in Small Business Cases

NFIB Challenges Courts in Small Business Cases

April 2, 2026

NFIB fights for small business

The NFIB Small Business Legal Center provides small businesses with the resources and support needed to safely operate their business. The Legal Center filed several briefs on important small business issues in the courts. Learn about these cases and how they affect small business going forward.

  • Outdoor Power Equipment Institute v. U.S. Environmental Protection Agency (EPA), et al.: 

This case focuses on a new emissions limit that would effectively ban the use of gas-powered leaf blowers, chainsaws, portable generators, and other equipment used by small businesses and first responders. NFIB’s amicus brief argues that this rule puts Californians at risk during weather, natural disaster, or power grid emergencies and will increase costs for customers. This case is ongoing in the U.S. Court of Appeals for the Ninth Circuit.

  • Corner Post, Inc. v. Board of Governors of the Federal Reserve System: 

This case questions whether the debit interchange fee authorized by the Federal Reserve Board is legal. The increase in interchange fees on credit and debit card transactions has become one of the top overhead costs for small businesses. NFIB’s amicus brief argues that these illegally inflated fees impose unreasonable costs on merchants, while allowing banks to extract unreasonable profits at the expense of small businesses and consumers. This case is currently at the U.S. Court of Appeals for the Eighth Circuit.

  • Public Service of Colorado v. Estate of Carol Ross: 

This case involves companies, including small businesses, being held liable in wrongful death cases with no limit on damages. NFIB joined the Colorado Civil Justice League and the Colorado Defense Lawyers Association in filing an amicus brief, arguing that the Court of Appeals decision passes the costs of violent crime onto small businesses and consumers rather than individuals responsible for the crime. This case is currently with the Colorado Supreme Court.

  • Fode v. Department of Ecology: 

In a regulatory case, a farmer was fined by the Washington Department of Ecology for irrigating his land. NFIB filed an amicus brief arguing that the current law clearly requires the Department of Ecology to assist landowners in finding alternative water rights. NFIB’s brief supports a petition to the Washington Supreme Court requesting a review of a lower court decision in favor of the government agency.

The NFIB Small Business Legal Center will continue to fight for the rights of farmers and small businesses while working to eliminate harmful regulations that hinder our nation’s small business growth. NFIB is involved in more than 40 cases across Federal and State courts nationwide, including the U.S. Supreme Court. Reach out to the NFIB Small Business Legal Center at info@nfib.org with any questions.

Topics:
Legal
Regulations
U.S. Supreme Court

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