EPA Criticized for Skipping Small Business Advice on Rules

Small businesses haven’t been consulted about some high-priority EPA rules as the law requires, leaving the rules more vulnerable to legal challenges, attorneys say.

The Environmental Protection Agency has proposed at least five high-profile rules since June 2021 and certified that none warranted a consultation with small businesses and local government agencies. The consultation process is required before proposing regulations that are expected to have a “significant economic impact on a substantial number of small entities.”

The Small Business Administration, trade associations, and attorneys are criticizing the agency’s decisions. Those protests prompted the EPA in one case to convene an ...