U.S. Court of Appeals for the Ninth Circuit

Case Status


Oral Argument Date

May 16, 2019


Case Updates

Ninth Circuit grants EPA’s request for voluntary remand of certain provisions of its Risk Prioritization Rule

November 14, 2019

U.S. Chamber files intervenors brief

September 20, 2018

Click here to view the coalition brief.

U.S. Chamber files motion to intervene against challenges to Prioritization 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 Prioritization of Chemicals for Risk Evaluation Under the Toxic Substances Control Act (“Prioritization Rule”). EPA promulgated the rule pursuant to recent amendments to the Toxic Substances Control Act (“TSCA”), 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 rules, including the American Chemistry Council, American Coatings Association, American Coke and Coal Chemicals Institute, American Fuel & Petrochemical Manufacturers, American Forest and Paper Association, Battery Council International, American Petroleum Institute, Chamber of Commerce of the United States of America, 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.

Case Documents