Court Rejects EPA Bid To Preclude ‘Legacy Uses’ From TSCA Evaluations

The U.S. Court of Appeals for the 9th Circuit has denied environmentalists and labor groups’ challenges to the scope of EPA’s framework rule for evaluating existing chemicals under the Toxic Substances Control Act (TSCA), but the court also rejected EPA’s push to preclude “legacy uses” and associated disposal when assessing risks. “EPA’s contention that TSCA can reasonably be read to refer to the future use of a product, and disposals associated with such use, only when the product will also...