Separately, an industry group told the Council on Environmental Quality that small businesses would be stung by bonding provisions in the proposed rule.

Sandra Purohit, director of federal advocacy for E2 (Environmental Entrepreneurs), a coalition of environmental business leaders, said her group objects to a little-known provision in the rule that requires businesses and others to post a bond before they can access the courts to try to pause a government decision that violates the law.

That provision “will effectively bar businesses operating on thin margins from protecting their interests,” Purohit said.

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