U.S. Court of Appeals for the Ninth Circuit

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Ninth Circuit partially rejects challenges to EPA’s TSCA Risk Evaluation Rule

November 14, 2019

The Ninth Circuit held that the petitioners lacked standing to challenge certain provisions of the rule; but the court vacated other provisions of the Risk Evaluation Rule that excluded legacy uses and associated disposal from the evaluations.

U.S. Chamber files motion to intervene against challenges to Risk Evaluation Rule under Toxic Substances Control Act

September 11, 2017

The U.S. Chamber filed a motion to intervene in a lawsuit that seeks to overturn the Procedures for Chemical Risk Evaluation Under the Amended Toxic Substances Control Act (“Risk Evaluation Rule”). EPA promulgated the Risk Evaluation Rule pursuant to recent amendments to the Toxic Substances Control Act (“TSCA”), 15 U.S.C. §§ 2601-2697, the primary federal statute that regulates the manufacturing, processing, distribution, and use of chemical substances and mixtures in the United States. The Chamber and fellow interveners seek to support and protect EPA’s current approach from petitioner’s unwarranted challenges.

The Chamber moved to intervene along with several other associations that represent industries impacted by the Risk Evaluation Rule, including the American Chemistry Council, American Coatings Association, American Coke and Coal Chemicals Institute, American Fuel & Petrochemical Manufacturers, American Forest & Paper Association, American Petroleum Council, Battery Council International, EPS Industry Alliance, IPC International, Inc., d/b/a IPC – Association Connecting Electronics Industries, National Association of Chemical Distributors, National Mining Association, Polyurethane Manufacturers Association, Silver Nanotechnology Working Group, Society of Chemical Manufacturers and Affiliates, Styrene Information and Resource Center, and the Utility Solid Waste Activities Group.

Peter D. Keisler of Sidley Austin LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.

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