Small Business Reacts to Power Plan Ruling

Date: January 21, 2016

Jack Mozloom, 202-406-4450 or 609-462-5610 (cell)

NFIB: Circuit Court
ruling takes the brakes off a runaway train, temporarily

Washington, DC (January 21, 2016)Karen Harned,
Executive Director of the National Federation of Independent Business (NFIB)
Small Business Legal Center, today issued the following statement in
response to a decision by the DC Circuit Court of Appeals refusing to
temporarily block implementation of the controversial EPA Clean Power Plan
while legal questions are sorted out:

“This decision is disappointing because it allows the EPA to
turn the screws on states even though the regulation may be ultimately
invalidated by the US Supreme Court.  They’ll have to start planning and
investing resources now in order to be in compliance.  So even if they
eventually prevail in the Supreme Court and the regulation is thrown out, it
will be impossible to recover their investment and nearly impossible to reverse
the damage.

“Nevertheless, we do not believe that this at all speaks to
our likelihood of success on the merits. We remain confident that the Supreme
Court will agree that the EPA is a runaway train.  And we are pleased that
the Court has agreed to expedite the case so that small business owners will
get a resolution sooner rather than later.  The EPA does not have the
constitutional authority to force the states to write laws that will lead to
dramatically higher expenses for local businesses.”

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