The National Federation of Independent Business (NFIB) Legal Foundation has filed
suit against the United States Environmental Protection Agency (EPA) to block
a new lead-reporting regulation issued in the final days of Bill Clinton’s presidency.
According to the NFIB the regulation would require thousands of businesses to
report their use of lead. EPA Administrator Christine Todd Whitman said the Bush
administration will allow this regulation to be implemented.
The suit, National Federation of Independent Business v. Whitman cites EPA’s failure to comply with the Small Business Regulatory Enforcement Fairness Act, which requires that regulating agencies take into account the concerns of small businesses when issuing new mandates. NFIB contends that EPA did not take the concerns of small businesses into account when issuing the regulation.
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“The new lead regulation has an obvious impact on small business,” said Tom Sullivan, executive director of the NFIB Legal Foundation. “In fact, EPA admitted as much by announcing that they will provide ‘technical assistance’ to small businesses to help them comply with the regulation. That’s not enough, according to the law.”
NFIB’s compliant was filed in U.S. District Court for the District of Columbia.
