WASHINGTON, D.C. (Feb. 4, 2025) – NFIB filed an amicus brief in the case Diamond Alternative Energy, LLC, et al. v. Environmental Protection Agency at the United States Supreme Court. The case concerns the Environmental Protection Agency’s (EPA) Clean Air Act waivers and increased standards for indirectly regulated parties seeking to prove that a court can remedy a plaintiff’s injury. NFIB filed the brief with the Western States Petroleum Association (WSPA) and several other business groups.

“The D.C. Circuit’s decision convolutes this legal process and allows agency overreach to go unchallenged,” said Beth Milito, Vice President and Executive Director of NFIB’s Small Business Legal Center. “Small businesses, and all indirectly regulated parties, have the right to seek relief when injured by harmful regulatory action. NFIB urges the U.S. Supreme Court to consider the innumerable consequences that the D.C. Circuit’s decision will have on the small business community and the national economy.”

NFIB’s amicus brief argues that the D.C. Circuit’s opinion: 1) sets an unworkable and incorrect standard for proving that the court can remedy a plaintiff’s injury; 2) creates confusion in standing doctrine; and 3) produces unintended consequences that will adversely affect indirectly regulated parties challenging agency regulations.

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.