Consumer Product Safety Commission Structure, EPA Risk Management Rules Among NFIB Legal Center Amicus Filings

Date: October 16, 2024

Five amicus briefs were filed by NFIB in cases across various courts including the Supreme Court.

The NFIB Small Business Legal Center spent September and October filing amicus briefs in courts nationwide dealing with important small business issues:

  1. Bowfin Keycon Holdings, LLC v. Pennsylvania Dep’t Environmental Protection & Shirley v. PA Legislative Reference Bureau this filing from NFIB, the Pennsylvania Manufacturers Association, the Pennsylvania Energy Consumer Alliance, and the Pennsylvania Chamber of Business and Industry requests the Pennsylvania Supreme Court to support a challenge to Pennsylvania’s Regulation 7-559 (known as CO2 Budget Trading Program).
  2. Leachco v. Consumer Product Safety Commission asks the U.S. Supreme Court to grant the petition to decide if the Consumer Product Safety Commission (CPSC) structure is unconstitutional and inconsistent with separation of power principles.
  3. Ex Parte INV Performance Surfaces, LLC filed at the Alabama Supreme Court, the Chamber of Commerce and NFIB filed a brief that challenges personal jurisdiction over outside entities.
  4. Richards v. Eli Lilly — filed at the Seventh Circuit Court of Appeals, the brief questions what method should be used to determine the eligibility of plaintiffs in a collective action lawsuit under the Fair Labor Standards Act (FLSA), 
  5. Texas Chemistry Council v. EPA filed at the Fifth Circuit Court of Appeals, argues that it is in the interest of small businesses for the U.S. Environmental Protection Agency (“EPA”) to be held closely to compliance with applicable statutes. [End Gray Box] 

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 the U.S. Supreme Court. 

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