From Inside TSCA

Novel EPA TSCA Suit Appears To Avoid Testing High Court’s ALJ Ruling

September 3, 2024
EPA has filed in federal court a novel TSCA enforcement suit that one industry attorney says appears tailored to “avoid testing the limits” of the Supreme Court’s landmark decision limiting when agencies can send such actions to administrative law judges (ALJs) -- but could also lay out a model for how the agency might structure future cases under tight restrictions on ALJ review. In an Aug. 22 complaint in United States v. Legacy Builders/Developers Corp. , pending in the U.S...


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