EPA Wins Remand Of decaBDE Rule Over Challengers’ Objections

The U.S. Court of Appeals for the 9th Circuit has remanded the Trump-era TSCA rule restricting most uses of the flame retardant chemical known as decaBDE to EPA for reconsideration, granting the agency’s request to suspend environmental and tribal groups’ challenge to the rule, and declining their bid for a deadline on the reconsideration process. EPA’s “request for voluntary remand without vacatur to permit the agency to reconsider these determinations and conduct reconsideration proceedings . . . is granted. This...