WASHINGTON, D.C. (July 29, 2024) – NFIB filed an amicus brief in the case City and County of San Francisco, California v. Environmental Protection Agency (EPA) at the U.S. Supreme Court. The case questions whether the Clean Water Act (CWA) allows the EPA (or an authorized State) to impose generic prohibitions in National Pollutant Discharge Elimination System (NPDES) permits that subject permitholders to enforcement for exceedances of water quality standards without identifying specific limits to which their discharges must conform.

“Small businesses rely on clear and consistent water quality standards, as promised by the Clean Water Act,” said Beth Milito, Executive Director of NFIB’s Small Business Legal Center. “Without specific permitting conditions, it will be impossible for many small businesses to comply with ambiguous standards and protect themselves from harmful activist lawsuits. America’s job creators need clarity and relief from Washington, not further confusion.”

The brief argues two main points: 1) NPDES permit conditions that hold permittees directly liable for the quality of receiving waters have devastating consequences for the business community and the economy, and 2) receiving water prohibitions are inconsistent with the CWA’s text and design.

NFIB filed the brief with the National Mining Association, the American Chemistry Council, the American Farm Bureau Federation, the American Forest & Paper Association, the American Fuel and Petrochemical Manufacturers, the American Gas Association, the Associated General Contractors of America, the American Petroleum Institute, the U.S. Chamber of Commerce, the National Association of Home Builders, the National Association of Manufacturers, the National Pork Producers Council, the Southeastern Lumber Manufacturers Association, and the Fertilizer Institute.

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.