Federal judges appeared ready to back the Biden-era approach to EPA chemical reviews despite the Trump administration’s pleas to let it revamp the rule.
The ruling will have significant implications for the fate of EPA’s embattled regulations under the Toxic Substances Control Act.
The first question U.S. Court of Appeals for the District of Columbia Circuit Judges Robert Wilkins, Neomi Rao and Harry Edwards must decide is whether they should grant EPA’s wish that the court refrain from opining on the legality of the Biden administration’s approach, which is being challenged by industry groups, environmental advocates and a workers union.
At issue is the TSCA risk evaluation framework for existing chemicals, which lays out the agency’s process for deciding which chemicals pose an unreasonable risk. That determination triggers the rulemaking process, under which regulators introduce bans or restrictions on certain uses deemed too risky to continue.
