Downplaying Appeal, EPA Vows To Fight Adverse TSCA Ruling On 'Merits'

In a surprise to some industry observers, EPA appears to be downplaying prospects that it will appeal a recent precedential ruling that rejected its efforts to limit litigation over its denial of a citizen petition under the Toxic Substances Control Act (TSCA) to the administrative record, saying the agency will fight the litigation "on the merits." "While EPA disagrees with the [court's] decision to deny the motion to limit the court's review to the administrative record, the court's decision simply...