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Asbestos Disease Awareness Organization v. Wheeler

ELR Citation: 49 ELR 20185
Nos. 19-cv-00871-EMC, (N.D. Cal., 11/15/2019) (Chen, J.)

A district court denied EPA's motion to dismiss a challenge to its denial of a petition to revise reporting requirements for asbestos under the Chemical Data Reporting Rule. Health and environmental groups challenged EPA's denial of their petition under TSCA and the APA, arguing that the petition was a request for issuance of a new rule. The Agency contended that the petition expressly sought an amendment of the existing rule and thus precluded de novo review under TSCA. The court found that the petition expressly requested EPA to modify the rule for stricter asbestos reporting requirements, and thus that it did not fall under TSCA. However, because the petition sought an amendment to an existing rule, the groups' APA claim was appropriate. The court therefore dismissed the groups' TSCA claim, but denied EPA's motion to dismiss its APA claim.