The Fertilizer Institute (TFI) has joined 14 other trade groups in filing an amicus brief with the US Supreme Court in the case City and County of San Francisco, California v. Environmental Protection Agency (EPA).
According to one of the groups, the National Federation of Independent Business Inc. (NFIB), 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 exceeding 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, in a July 29 statement. “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 that receiving water prohibitions are inconsistent with the CWA’s text and design, and that NPDES permit conditions that hold permittees directly liable for the quality of receiving waters will have devastating consequences for the business community and the economy.
Other signatories on the brief include 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, and the Southeastern Lumber Manufacturers Association.