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Asbestos Disease Awareness Organization v. Wheeler

ELR Citation: 51 ELR 20002
Nos. 19-cv-00871-EMC and 19-cv-03807-EMC, (N.D. Cal., 12/22/2020) (Chen, J.)

A district court granted nonprofit groups' motion for summary judgment in a challenge to EPA's denial of their petitions to initiate TSCA rulemaking to expand its information-gathering process regarding asbestos-related health risks. The groups argued that EPA's denied of their petitions was arbitrary and capricious. The court found that EPA's unwillingness to require that information concerning the risks posed by asbestos to human health and the environment be reported violated its obligation to collect reasonably available information to inform and facilitate its regulatory obligations under TSCA. It further found that EPA had not articulated a satisfactory explanation for its decision not to use its enforcement powers to collect such information and thus acted arbitrarily and capriciously. It therefore granted the groups' motion for summary judgment, and remanded to EPA to amend its chemical data reporting rule to address the information-gathering deficiencies identified in this ruling.