The National Federation of Independent Business (NFIB) has filed an amicus brief in the case involving the North Carolina Department of Environmental Quality and the North Carolina Farm Bureau Federation, Inc. The matter is being heard at the Supreme Court of North Carolina. The central issue is whether permit conditions, specifically those proposed for general permits related to animal waste disposal, qualify as “rules” under the North Carolina Administrative Procedure Act (NCAPA). If they do, they would be subject to statutory procedures required by the rulemaking process. This brief was submitted alongside the North Carolina Chamber Legal Institute.
Gregg Thompson, NFIB’s North Carolina State Director, expressed concerns over the potential impact on small businesses: “Allowing these permit conditions to go into effect without rulemaking on a semantic technicality will have disastrous consequences for North Carolina’s small business farmers.” He emphasized that any requirement or condition that could adversely affect small businesses and the state’s economy without proper oversight represents a significant legal breach and sets a worrying precedent.
In its brief, NFIB argues that by establishing these permit conditions, the Division of Water Resources within the North Carolina Department of Environmental Quality is violating NCAPA and disrupting the separation of powers. Furthermore, it warns that allowing agencies to implement rules without adhering to NCAPA procedures could harm small businesses.
The NFIB Small Business Legal Center aims to defend small business owners’ rights in courts across the United States. Currently, NFIB is involved in more than 40 cases in both federal and state courts nationwide, including cases before the U.S. Supreme Court.
