STATE:

Why NFIB

Take Action

Get Support

Stay Informed

Podcast Podcast

Careers Careers

Join Now

Home / News / Press Release /

NFIB Urges Supreme Court to Shield Small Businesses from Duplicative and Costly Litigation

March 6, 2023

NFIB Urges Supreme Court to Shield Small Businesses from Duplicative and Costly Litigation

WASHINGTON, D.C. (March 6, 2023) – NFIB filed an amicus brief supporting a petition for a writ of certiorari at the U.S. Supreme Court in the case Dakota Finance LLC v. Naturaland Trust. The case questions what the proper test is for determining whether the “diligent prosecution bar” precludes citizen suits brought under the Clean Water Act. “Small business property owners routinely assess the requirements of environmental laws and regulations, including the Clean Water Act,” said Beth Milito, Executive Director of NFIB’s Small Business Legal Center. “This case highlights the loopholes in the dual-enforcement scheme of the Clean Water Act, where both private and government actors can seek penalties for an alleged violation, even those made without bad faith. The Court should reject the Fourth Circuit’s approach and shield small businesses and property owners from duplicative and costly litigation.” The case concerns a South Carolina small business that allegedly failed to get needed permits under the Clean Water Act (CWA). After state regulators inspected the property and sent a notice of alleged violations, environmental groups filed a citizen suit alleging CWA violations. CWA citizen suits are preempted whenever a state has commenced and is diligently prosecuting an action under state law comparable to the enforcement subsection of the CWA. Congress specifically enacted guardrails against citizen suits duplicating already existing state enforcement proceedings. NFIB filed the brief with the National Association of Home Builders, the American Farm Bureau Federation, the National Apartment Association, and the Associated General Contractors of America. 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

April 8, 2026

New York Small Businesses Win Legal Challenge to Onerous New Wetlands Regulations

NFIB joined a lawsuit in 2025 challenging a harmful, vague wetlands mandate in New York.

April 8, 2026

NFIB Joins Coalition Fighting Lawsuit Abuse

Shakedown attorneys find new gold mine on the internet

April 8, 2026

Price Pressures Have Eased, but Small Businesses Still Feel the Squeeze

Small business owners face many daily operational challenges, and elevated inflation adds one more challenge to the list.

April 8, 2026

Small Businesses Oppose Overreaching Federal Heat Standard

WASHINGTON, D.C. (April 8, 2026) – The National Federation of Independent Business (NFIB), the nation’s leading small business advocacy organization, opposes t…

NFIB Urges Supreme Court to Shield Small Businesses from Duplicative and Costly Litigation

Related Articles