Judges Appear To Back Industry Attacks On TSCA Confidential Data Rule

Three D.C. Circuit judges who heard oral argument on wide-ranging challenges to EPA’s TSCA rule for handling confidential business information (CBI) Sept. 24 appeared to agree with industry that the measure is “illegal” to the extent that it allows companies to waive secrecy protections for chemicals they use, even if they lack access to the actual trade secrets. However, the panel that heard Environmental Defense Fund (EDF), et al., v. EPA, et al. , appeared more skeptical of environmentalists’ claims...