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Environmental Defense Fund v. United States Environmental Protection Agency

The D.C. Circuit vacated certain requirements under an EPA rule concerning the assertion and treatment of confidential business information (CBI) claims for information reported to or otherwise obtained by the Agency under TSCA. Trade groups challenged the rule, arguing it allowed for unlawful discl...

Public Employees for Environmental Responsibility v. Regan

A district court granted EPA's motion to dismiss a TSCA citizen suit brought by environmental groups concerning fluorination. The groups sought to compel EPA to prohibit the company's fluorination practices, which produced per- and polyfluoroalkyl substances (PFAS), a class of carcinogenic chemicals...

Food & Water Watch, Inc. v. United States Environmental Protection Agency

A district court held that fluoridation of water at 0.7 milligrams per liter (mg/L), the level presently considered “optimal” in the United States, posed an unreasonable risk of reduced IQ in children. Anti-fluoride groups and individuals had petitioned EPA under TSCA to regulate the fluoridatio...

Xerces Society for Invertebrate Conservation v. Shea

A district court granted summary judgment for conservation groups in a challenge to the Animal and Plant Health Inspection Service's (APHIS') recent update to a program concerning the use of pesticides to suppress grasshopper and cricket outbreaks. The groups argued APHIS' 2019 EIS and five state-le...

Vinyl Institute, Inc. v. Environmental Protection Agency

The D.C. Circuit vacated a 2022 EPA order requiring chemical manufacturers/processors to test the chronic toxicity of 1,1,2-trichloroethane pursuant to TSCA. A trade organization representing seven entities challenged the order, arguing EPA failed to comply with several statutory requirements. The c...

Center for Environmental Health v. Regan

The Fourth Circuit affirmed dismissal of a TSCA citizen suit concerning EPA's decision on a petition to require testing for 54 per- and polyfluoroalkyl substances (PFAS). Four citizen groups argued that EPA's decision, which granted the petition and agreed to require testing on PFAS as a class throu...

WildEarth Guardians v. United States Forest Service

The Ninth Circuit dismissed for lack of standing a challenge to the Forest Service's livestock grazing decisions in Colville National Forest. Environmental groups argued the decisions would lead to an increase in wolf attacks on livestock, which in turn would cause the Washington Department of Fish ...

Center for Environmental Health v. Inhance Technologies USA

A district court granted a plastics company's request to dismiss a lawsuit concerning its production of per- and polyfluoroalkyl substances (PFAS). Environmental groups argued the company violated TSCA and its implementing regulations by producing PFAS without appropriate EPA approvals. The company ...

Center for Environmental Health v. Regan

A district court granted EPA's motion to dismiss nonprofit groups' challenge to the Agency's response to their TSCA petition requesting comprehensive health and environmental effects testing on 54 per- and polyfluoroalkyl substances (PFAS) manufactured by a company in North Carolina. EPA granted the...