U.S. Court of Appeals for the Fifth Circuit

Case Status

Docket Number


Case Updates

Fifth Circuit vacates EPA orders under Toxic Substances Control Act as exceeding the agency’s statutory authority to regulate, noting serious constitutional concerns based on the Due Process Clause

March 21, 2024


U.S. Chamber files coalition amicus brief urging Fifth Circuit to set aside, as unlawful, two enforcement orders issued by EPA under the Toxic Substances Control Act (TSCA)

December 29, 2023

The orders rest on a sweeping, novel assertion of authority that contradicts both TSCA and EPA’s TSCA regulations and violates due process.

U.S. Chamber Coalition Amicus Brief

Trevor S. Cox, Carley Ruival, and Javaneh Tarter of Hunton Andrews Kurth LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.

Case Documents