Judges Say EPA’s Rule Fails to Protect Chemical Trade Secrets

A rule the EPA issued could result in chemical manufacturers’ trade secrets becoming public, which would violate the nation’s primary commercial chemicals law, according to three federal judges.

The US Court of Appeals for the District of Columbia Circuit heard oral arguments on Tuesday in a case challenging the Environmental Protection Agency’s final 2023 rule that describes actions chemical manufacturers must take for the agency to protect certain communications as confidential business information (CBI) under the Toxic Substances Control Act (TSCA).

The Environmental Defense Fund challenged that rule, saying it allowed chemical manufacturers to keep confidential information TSCA said the ...