EPA Ordered to Redo Waste Regulations for Toxic Flame Retardant

May 13, 2026, 8:15 PM UTC

The Environmental Protection Agency must redo a Biden-era regulation over the use of a toxic flame retardant after a federal appeals court ruled Wednesday the rule wouldn’t adequately eliminate public exposure.

The US Court of Appeals for the Ninth Circuit remanded the 2024 risk management rule for decabromodiphenyl ether (decaBDE) over EPA’s decision to exempt recyclables, wastewater, and sewage sludge from regulation. The rule will remain in place while the agency completes its review, according to the court, which cited concerns that vacating the rule would “eliminate the currently required measures to reduce decaBDE exposure.”

The agency’s explanations of low-level ...

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