Judges questioned policies the EPA chose not to defend during Tuesday’s oral arguments in the Fifth Circuit over the agency’s methylene chloride regulation.
The arguments involve the first case challenging a new type of regulation the Environmental Protection Agency must issue to comply with a new mandate in the 2016 Toxic Substances Control Act (TSCA) amendments. The amended law requires the EPA to review chemicals made and used in the US and then restrict those that pose too great a chance of harming people’s health or the environment.
East Fork Enterprises Inc., Houston-based Epic Paint Co., the American Chemistry Council, ...
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