Asbestos Case Tests Plaintiffs’ Use Of APA To Ease TSCA Litigation Options

A pending suit over EPA’s denial of environmentalists’ petition seeking to require reporting of asbestos uses under the revised Toxic Substances Control Act (TSCA) is testing plaintiffs’ ability to use remedies in both the toxics law and the Administrative Procedure Act (APA) to challenge such denials, potentially expanding plaintiffs’ litigation options. As such, the suit, Asbestos Disease Awareness Organization (ADAO) et al v. Wheeler , could create a new precedent, allowing environmentalists and other plaintiffs to use the APA’s “arbitrary...