No Harm, No Case, EPA Tells Court in Chemical Rule Challenge

July 1, 2019, 3:29 PM

A lawsuit that environmental, health, and labor groups have brought challenging two EPA chemical rules must be dismissed because no injury has occurred, the agency and a coalition of industry groups told a federal appeals court.

“The allegations are based on hypotheticals and other non-final agency actions currently being considered by the agency,” the Department of Justice wrote on behalf of the Environmental Protection Agency on June 28.

“‘Allegations of possible future injury are not sufficient'; the injury must be ‘imminent’ or ‘certainly impending,’” the industry coalition wrote, citing a previous court’s decision. The coalition of 19 trade associations, ...

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