Plaintiffs Urge Court To Preserve ESA Suit Over 6PPD Despite TSCA Action

Fishery group plaintiffs who are suing tire makers under the Endangered Species Act (ESA) to block use of the chemical 6PPD in tires over its links to fish kills are urging a federal court to advance their case even though EPA is considering a TSCA rule for the substance, saying courts have rejected past calls to scrap ESA litigation when it overlaps with an agency’s “primary jurisdiction.” Plaintiffs in Institute for Fisheries Resources (IFR), et al. v. Bridgestone, et al....