The year 2000 was significant in NFIB’s history, as it marked the launch of the NFIB Legal Foundation (later renamed the NFIB Small Business Legal Center). Establishment of a separate legal arm ensured that NFIB would have a strong voice for small businesses across all three branches of the federal government.
Within months after its launch, the NFIB Legal Foundation filed its first lawsuit, which challenged the U.S. Army Corps of Engineers’ (Corps) decision to eliminate a streamlined, nationwide permit program that many small home builders had relied on under the Clean Water Act to ensure the U.S. Waters of the United States were not wrongfully polluted. In a landmark complaint filed in federal court in Washington, D.C., NFIB alleged that the Corps had violated the Regulatory Flexibility Act (RFA) to the detriment of thousands of small business owners, including NFIB member Wayne Newnam, a small homebuilder from Troy, Ohio, who joined NFIB as a plaintiff in this lawsuit.
The RFA, enacted in 1980 with the endorsement of NFIB and strong bipartisan support, aims to reduce the disproportionate impact of federal regulations on small businesses. NFIB was involved in one of the first lawsuits against the federal government, claiming it failed to comply with the RFA. In a significant legal victory for NFIB and the RFA, the federal court largely sided with NFIB’s argument and mandated that the Corps revise its permitting system. This revision required that small business impacts be taken into account in future nationwide permit schemes.
Since 2000, the NFIB Legal Center has remained true to its mission: to advocate for small businesses in the courts and serve as a legal resource for small business owners nationwide. Since we filed our initial lawsuit to enforce the RFA, the Legal Center has fought to ensure that the government considers the impact of regulations on small businesses and that Congress and the White House operate within the bounds of the
law. Throughout the legal battles, the Legal Center has worked to inform business owners of new mandates and provide tools for compliance.
Earlier this year, President Trump made it clear to federal agencies that he is committed to reducing the regulatory burden on America’s small business owners and the economy. The focus on removing many mandates issued during the Biden administration will greatly benefit business owners like you, who already face enough regulation. However, our work is not done.
Over the past 25 years, regulation has consistently ranked among the top issues for small businesses, according to the NFIB Research Foundation. With the support of donors like you, the NFIB Small Business Legal Center will continue to hold the President and federal agencies accountable and ensure they keep their promises. We will file the necessary pleadings and briefs to support deregulatory efforts that many career bureaucrats and special-interest groups, such as unions and environmental activists backing big-government policies, have resisted and challenged. Thank you for supporting our fight!
