Court Faults EPA For TSCA Testing Orders Based On ‘Non-Public’ Record

A federal appeals court says EPA failed to provide a complete record for at least one of a block of nine TSCA testing orders it issued in 2022, agreeing with industry that it improperly relied on “non-public” information to justify the mandates but the court appeared to set a low bar for the agency to show on remand that its choices are supported by “substantial evidence.” The July 5 decision by a three-judge panel of the U.S. Court of Appeals...