Bloomberg Law
April 26, 2019, 3:36 PMUpdated: April 26, 2019, 7:05 PM

Chemical Rule Sent Back to EPA on Trade Secret Concerns (2)

Pat Rizzuto
Pat Rizzuto

An EPA rule failed to require chemical manufacturers to sufficiently prove that they’ve protected their chemical’s secret identity from discovery through reverse engineering, a federal court ruled April 26.

Nor did the Environmental Protection Agency explain why it eliminated from a final rule (RIN 2070-AK24), all of the questions the agency’s proposed rule had included that pertained to reverse engineering, the U.S. Court of Appeals for the District of Columbia Circuit said.

Reverse engineering refers to analytical procedures that scientists can use to figure out materials a chemical is made from, how it is manufactured, and how its ...