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Court Ruling Could Spark Suits Over EPA’s Chemical Analyses

Nov. 19, 2019, 11:30 AM

A federal appeals court ruling that the EPA must include more chemical exposure scenarios in its risk evaluations could open the door to lawsuits challenging those agency evaluations, attorneys say.

Whether those lawsuits will be filed, however, depends on how the Environmental Protection Agency responds to the U.S. Court of Appeals for the Ninth Circuit’s Nov. 14 ruling and a timing issue not litigated in the case, some attorneys said.

Attorneys with Earthjustice, Keller and Heckman LLP, the Natural Resources Defense Council, Sussman and Associates, and Wiley Rein LLP, interviewed in days since the ruling, addressed types of legal challenges ...