Industry Attorney Doubts ‘Major Questions’ Applications Under TSCA

August 11, 2022
An industry attorney says that he doubts there is a path ahead for Republican attorneys general and other parties who want to overturn EPA’s ban of asbestos and other TSCA rules using the recent Supreme Court precedent that narrowed EPA’s power under the “major questions” doctrine, noting that Congress took economic implications into account when crafting the law. “It’s hard to make the case that the proposed asbestos ban is a ‘major question’ -- that the EPA acted outside the...

Not a subscriber? Sign up for 30 days free access to exclusive environmental policy reporting.