The Biden administration is looking to overturn a federal district court’s opinion that shielded eBay from liability over products in violation of key environmental laws listed by third-party sellers.
The Justice Department, acting on EPA’s behalf, appealed to the 2nd U.S. Circuit Court of Appeals a decision that said the online retailer is not responsible for ensuring products from independent sellers meet the standards set by federal air, pesticides and toxics laws.
Judge Orelia Merchant, a Biden appointee out of the U.S. District Court for the Eastern District of New York, decided in September that eBay is a computer service, not a seller or distributor, and is therefore protected from liability.
The original complaint, filed in September 2023, alleged more than 370,000 listings violated either the Clean Air Act; Federal Insecticide, Fungicide and Rodenticide Act; or Toxic Substances Control Act, potentially worth billions of dollars in fines.
