Jump to Navigation
Jump to Content

Environmental Defense Fund v. Environmental Protection Agency

ELR Citation: 49 ELR 20079
Nos. 17-1201, (D.C. Cir., 04/26/2019)

The D.C. Circuit granted in part and denied in part an environmental group's petition to review EPA's 2017 Inventory Rule that imposed new reporting requirements under TSCA for chemical manufacturers and processors. The group argued that the rule failed to require companies to substantiate that a chemical identity they wished to keep confidential was not readily discoverable through reverse engineering. The court agreed, finding that the Agency's elimination of questions pertaining to reverse engineering was arbitrary and capricious. The group also challenged EPA's choice not to incorporate certain regulatory requirements into the rule, its failure to implement TSCA's "unique identifier" requirements in the rule, and the rule's exemption of exported chemicals from its notification requirements. But the court found that EPA acted within its discretion in reaching these conclusions. It therefore denied the group's petition as to these challenges, and remanded to EPA to address its arbitrary elimination of substantiation questions regarding reverse engineering.