D.C. Circuit Backs EDF's Criticism Of TSCA CBI Rule But Queries Remedy

Appellate judges at Oct. 12 oral argument strongly backed the Environmental Defense Fund's (EDF) criticism of confidential business information (CBI) provisions in the Trump EPA's final rule that determines chemicals subject to the revised Toxic Substances Control Act (TSCA), but queried what legal remedy they could give EDF. In the U.S. Court of Appeals for the District of Columbia Circuit case, EDF v. EPA , EDF is seeking partial vacatur and remand of the agency's Aug. 11, 2017 final...