Industry Sees Communication ‘Breakdown’ At Heart Of TSCA Test Order Suits

Industry attorneys say the wave of recent court challenges to TSCA test orders is rooted in part in a “breakdown” of communications between EPA and the firms or trade groups targeted by the tests, including an apparent decision by the agency to engage with regulated entities on its data needs only after issuing the orders -- which they say reverses years of practice. “Normally, EPA and industry discuss testing needs and there are several good reasons to do that. It...