Industry Challengers Split On Standard Of Review For TSCA Evaluation Rule

Trade groups and a chemical company suing EPA over its redone rule governing TSCA risk evaluations are divided on what bar the agency must clear to defend its new policy, teeing up a question that will shape how appellate judges decide whether to uphold the agency’s approaches on a host of issues related to the reviews’ scope, content and use of data. Industry petitioners in the consolidated suits over EPA’s evaluation rule filed opening merits briefs on Oct. 10 and...