Scope of EPA’s Solvent Ban Among Issues Expected to Be Litigated

The EPA’s decision to broadly prohibit as many commercial and industrial uses of the solvent methylene chloride as it did in a rule issued last week is likely to be challenged in court, attorneys said in recent interviews.

The rule, the second of 10 anticipated others restricting chemicals that industries have used for decades, is expected to trigger lawsuits because it sets precedent, is a model for future regulatory controls, and because it includes EPA’s interpretation of new authorities Congress gave it in 2016 when lawmakers overhauled the Toxic Substances Control Act (TSCA).

The rulealso makes it critical ...