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Court Vacates Part of Chemicals Rule That Penalized Public (1)

Dec. 18, 2018, 8:51 PMUpdated: Dec. 18, 2018, 10:29 PM

A federal appeals court struck down a provision of an EPA rule that threatened the public with civil or criminal penalties for providing incomplete information about a chemical to the agency.

The U.S. Court of Appeals for the Ninth Circuit Dec. 18 vacated a part of the Environmental Protection Agency’s 2017 final chemical risk evaluation rule (RIN: 2070-AK20) that said people or groups filing “inaccurate, incomplete, or misleading” information could face civil or criminal penalties.

Eve C. Gartner, an attorney with Earthjustice, which is representing several of the nonprofit groups challenging EPA’s rule, called the move ...

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