Case Updates
Fifth Circuit vacates Environmental Protection Agency (EPA) rule regulating methylene chloride as violating both the Administrative Procedure Act and the Toxic Substances Control Act (TSCA)
September 15, 2026
Among other things, the court held that TSCA forbids the “whole chemical” approach to evaluating risk that EPA had used.
U.S. Chamber submits coalition amicus brief urging Fifth Circuit to correct Environmental Protection Agency’s overbroad approach to regulating substances under the Toxic Substances Control Act.
October 30, 2024
The brief explains how the EPA violated TSCA by relying on a “whole chemical” approach to evaluating risk and effectively mandating the elimination of all risk rather than only unreasonable risk.
David Fotouhi and Nathaniel J. Tisa of Gibson, Dunn & Crutcher LLP served as outside counsel.