Judges Hint At NGOs' Standing To Target Key TSCA Rule On Legacy Issues

Appellate judges appear to agree with EPA lawyers that environmentalists generally lack standing to challenge the agency's framework rule for evaluating risks of existing chemicals under the revised toxics law, but they left the door open to sue over officials' decision to preclude legacy uses from the scope of any evaluation. During May 16 oral arguments before the U.S. Court of Appeals for the 9th Circuit, a three-judge panel peppered Sarah Tallman, an attorney with the Natural Resources Defense Council,...