WASHINGTON, D.C. (Feb. 11, 2026) – NFIB filed an amicus brief in the case Outdoor Power Equipment Institute v. U.S. Environmental Protection Agency (EPA), et al. at the U.S. Court of Appeals for the Ninth Circuit regarding the EPA’s authorization of the California Air Resource Board’s (CARB) new small offroad engine emission limits, which will ban the use of gas-powered leaf blowers, chainsaws, portable generators, and other equipment used to prevent and respond to natural disasters.

“This attempt to force a switch to zero-emissions equipment puts every citizen and small business in California at risk,” said Beth Milito, Vice President and Executive Director of NFIB’s Small Business Legal Center. “Electric and battery-powered chainsaws and generators are simply less effective and reliable than their gas-powered alternatives, especially in the event of an emergency where first responders cannot rely on the electric grid to charge their equipment. So many small businesses have already been devastated by recent wildfires, it is unconscionable to endanger California citizens further by leaving them with insufficient tools when disaster strikes.”

NFIB joined several business groups in filing the brief, which argues three main points: 1) The EPA’s authorization of CARB’s small offroad engine regulations (the SORE Amendments) puts the citizens of California at risk because alternative powered sources cannot meet the needs of small businesses and emergency responders; 2) The EPA’s waiver will further impair the safety of Californians who rely on generators during lengthy emergencies and natural disasters; 3) The EPA’s waiver will likely increase costs for their customers, reducing access to these services and exposing Californians to wildfire risks.

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.