EPA Test Order May Mark Path Under Novel D.C. Circuit TSCA Precedent

EPA is ordering new industry-funded toxicity tests for a PFAS known as 6:2 FTAc, marking not only the latest step in the Biden administration’s TSCA testing strategy targeting the chemical class but also an early signal of how it could seek to navigate a new D.C. Circuit precedent on the standard it must meet to justify using the toxics law’s test-order powers. The 6:2 FTAc test order , which EPA signed Oct. 8 and released publicly Oct. 9, is the...