TSCA case resources
On June 22, 2016, President Obama signed the Frank R. Lautenberg Chemical Safety for the 21st Century Act, which substantially amended the Toxic Substances Control Act (TSCA) [PDF] to create a stronger and more effective chemical safety system in the United States.
EDF is working hard to ensure that EPA effectively implements the Lautenberg Act and fulfills its duties to protect the American people from harmful chemicals. EPA has issued three framework rules to govern how the law will work. Unfortunately, the rules as written violate the letter and intent of the law.
We have filed lawsuits challenging each of these framework rules and provide the significant public filings below.
EPA issued two framework rules under TSCA Section 6 governing prioritization and risk evaluation, and we group filings from those lawsuits together. EPA also issued a framework rule under TSCA Section 8 governing Inventory notification.
Section 6 of TSCA requires EPA to systematically prioritize and then evaluate existing chemical substances based on the risks those substances present to human health and the environment.
EPA has issued two rules governing the prioritization and risk evaluation processes. Below are links to significant filings from this litigation, the final rules, and the proposed rules.
Opinions
- Opinion Granting Petition in Part [PDF]
November 14, 2019 - Unpublished Opinion Remanding Petition in Part [PDF]
November 14, 2019
Order
- Order Vacating Section 702.31(d) [PDF]
December 18, 2018
Brief
- Intervenors' Supplemental Brief [PDF]
June 28, 2019 - EPA's Supplemental Brief [PDF]
June 28, 2019 - Petitioners' Supplemental Brief [PDF]
June 3, 2019 - Petitioners’ Reply Brief [PDF]
November 9, 2018 - Brief of Intervenors American Chemistry Council, et al. [PDF]
September 19, 2018 - Brief of Amicus PETA [PDF]
August 9, 2018 - EPA's Principal Brief [PDF]
August 6, 2018 - Brief of Amici AAP, ACOG, and APHA [PDF]
April 23, 2018 - Petitioners' Principal Brief [PDF]
April 16, 2018
Motion regarding record
- Petitioners’ Reply in Support of Motion to Complete the Administrative Records or, in Alternative, to Take Judicial Notice [PDF]
May 10, 2018 - EPA’s Opposition to Petitioners’ Motion to Complete the Administrative Records or, in Alternative, to Take Judicial Notice [PDF]
April 26,2018 - Petitioners' Motion to Complete the Administrative Records or, in Alternative, to Take Judicial Notice [PDF]
April 16, 2018
Motions regarding transfer
- 4th Circuit Order Granting Petitioners’ Motion to Transfer to 9th Circuit [PDF]
December 11, 2017 - Petitioners’ Reply in Support of Transfer to 9th Circuit [PDF]
September 18, 2017 - EPA’s Opposition to Petitioners’ Motion to Transfer to the 9th Circuit [PDF]
September 29, 2017 - Petitioners’ Motion to Transfer to the 9th Circuit [PDF]
September 18, 2017
- 9th Circuit Order Denying EPA’s Motion to Transfer to 4th Circuit [PDF]
Novemver 27, 2017 - EPA’s Reply in Support of Transfer to 4th Circuit [PDF]
October 2, 2017 - Petitioners’ Opposition to EPA’s Motion to Transfer to the 4th Circuit [PDF]
September 25, 2017 - EPA’s Motion to Transfer to the 4th Circuit [PDF]
September 14, 2017
Motions to Intervene
- American Chemistry Council et al. Corrected Motion to Intervene in Risk Evaluation Case [PDF]
September 13, 2017 - American Chemistry Council et al. Motion to Intervene in Prioritization Case [PDF]
September 11, 2017
Petitions for review
- EDF's Petition for Review of the Risk Evaluation Rule [PDF]
August 11, 2017 - EDF's Petition for Review of the Prioritization Rule [PDF]
August 11, 2017 - Alliance of Nurses for Healthy Environments et al. Petitions for Review [PDF]
August 11, 2017 - Safer Chemicals Healthy Families et al. Petitions for Review [PDF]
August 10, 2017
Final rules
- Procedures for Risk Evaluation [PDF]
July 20, 2017 - Procedures for Prioritization [PDF]
July 20, 2017
Proposed rules
- Proposed Procedures for Risk Evaluation [PDF]
January 19, 2017 - Proposed Procedures for Prioritization [PDF]
January 17, 2017
The original TSCA required EPA to set up and maintain an Inventory of chemicals manufactured (including imported) or processed in the United States. As we've explained before, the Inventory has grown to some 85,000 chemicals, many of which are no longer in use in the United States.
The Lautenberg Act requires EPA to update the Inventory by: (1) identifying which listed chemicals are still in use and (2) reviewing chemical identity CBI claims to determine whether or not they are still warranted.
EPA issued the Secion 8 Inventory notification rule to govern this process. Below are links to significant filings from this litigation, the final rules, and the proposed rules.
Opinion
- Opinion granting petition in part [PDF]
April 26, 2019
Oral Argument
- Oral Argument [mp3]
October 12, 2018
Briefs and Addenda
- EDF’s Reply Brief [PDF]
June 14, 2918 - Intervenors' Principal Brief [PDF]
May 31, 2018 - EPA’s Principal Brief [PDF]
May 21,2018 - EDF's Principal Brief [PDF]
March 6, 2018 - Addendum Volume I [PDF]
March 6, 2018 - Addendum Volume II [PDF]
March 6, 2018
Motion to Intervene
- American Chemistry Council et al. Motion to Intervene [PDF]
October 2, 2017
Petition for review
- EDF's Petition for Review of Inventory Notification Requirements Rule
September 1, 2017
Final rule
- TSCA Inventory Notification Requirements
August 11, 2017
Proposed rule
- Proposed TSCA Inventory Notification Requirements
January 13, 2017
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