Industry Challengers Split On Standard Of Review For TSCA Evaluation Rule

Trade groups and a chemical company suing EPA over its redone rule governing TSCA risk evaluations are divided on what bar the agency must clear to defend its new policy, teeing up a question that will shape how appellate judges decide whether the agency has properly justified its approach to measuring workplace risk, among other key issues. Industry petitioners in the consolidated suits over EPA’s evaluation rule filed opening merits briefs on Oct. 10 and 17, generally renewing long-standing claims...