The EPA announced that it will not seek an en banc rehearing of an appellate court ruling declaring that the EPA must consider Legacy uses of chemicals in its TSCA evaluations of the potential hazards of the chemicals. The decision stems from a Ninth Circuit ruling last November where a challenge to the agency’s final rule on how it will conduct risk evaluations under TSCA was upheld. The Appellate court held that the EPA’s decision to preclude Legacy uses and associated disposal from its risk evaluation was unlawful. The EPA has until mid-February to decide if it will petition the Supreme Court to review the decision, but experts agree that that result seems unlikely. EPA is expected to redo several already issued draft risk evaluations and rush to revise upcoming drafts.
For more information, please contact Phillip Hoover or Steve O’Day.