EPA, Advocates Partly Win in Chemical Use Regulations Fight (2)

The EPA won a challenge to its chemical regulation because some of the environmental, health, and safety groups’ claimed injuries are too speculative, the Ninth Circuit ruled Nov. 14.

But, the Environmental Protection Agency violated the plain meaning of the nation’s primary commercial chemicals law by categorically excluding “legacy uses” from those it examines as it decides whether a chemical poses an unreasonable risk of injuring people or the environment, the U.S. Court of Appeals for the Ninth Circuit ruled.

The agency has not, however, given itself as much discretion ...