The Ninth Circuit remanded, 2-1, a rule EPA promulgated in 2019 in response to the court's 2017 writ of mandamus directing the Agency to respond to the need for updated lead-based paint hazard standards. Nonprofit groups argued the rule violated provisions of the the Residential Lead-Based Paint Haz...

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 denial of their petitions was arbitra...

The Second Circuit granted in part and denied in part a challenge to provisions of EPA's Mercury Reporting Rule that exempted certain manufacturers of mercury or mercury-added products from reporting requirements. An environmental group and the state of Vermont argued that three provisions of the ru...

A district court denied nonprofit groups' and EPA's cross-motions for summary judgment in a challenge to the Agency's denial of a petition to regulate the fluoridation of drinking water supplies under TSCA. The groups argued that the ingestion of fluoride posed an unreasonable risk of neurotoxic har...

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 wa...

The Ninth Circuit dismissed in part, granted in part, and denied in part petitions to review EPA's 2017 Risk Evaluation Rule, which established a process for evaluating the risks of chemical substances. Environmental and health groups argued the rule violated TSCA's requirement that EPA evaluate ris...

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 ch...

A district court held that polychlorinated biphenyls (PCBs) being regulated under TSCA does not bar a Wisconsin couple from bringing a citizen suit under RCRA against a neighboring property owner for releasing PCBs during the demolition of a building on its property. The couple alleged that the demo...

The D.C. Circuit upheld EPA's denial of a petition filed by 101 environmental groups asking the Agency to regulate spent lead bullets and shot under TSCA. EPA rejected the petition as “non-cognizable” under TSCA §21 on the grounds that it largely duplicated an earlier petition that two of the 1...

A district court dismissed environmental groups' action against EPA seeking the regulation of lead shot and bullets under TSCA. In August 2010, the group petitioned EPA to regulate lead shot, bullets, and fishing sinkers under the Act. EPA denied the requests in two separate letters: one concern...