Industry Wins First Case Fighting EPA’s Chemical Test Authority

A federal court voided on Friday an EPA order that required manufacturers test a chemical they make to find out if it’s harmful, marking the first judiciary opinion about a power Congress first granted the agency in 2016.

The US Court of Appeals for the District of Columbia Circuit’s opinion also said the Environmental Protection Agency can’t rely on information that wasn’t publicly available when it issued a test order to justify that decision later.

The court vacated the order for 1,1,2-trichloroethane, a solvent, sending it back to the agency to make public the various analyses Congress required the agency ...