Tire Makers Say 6PPD Case Would Allow ESA Suits Over ‘Nearly Any’ Product

An array of tire manufacturers is warning that if courts back fishing groups’ claim that their use of the anti-cracking agent 6PPD constitutes an Endangered Species Act (ESA) “take” because of the chemical’s link to fish kills, the resulting precedent would allow similar suits over “nearly any” consumer product that includes a toxic substance. “The inclusion of a chemical in a lawful consumer product is not a ‘take’ under the plain language of the ESA and its implementing regulations, which...