News & Analysis as of

Toxic Substances Control Act (TSCA) Appeals

Husch Blackwell LLP

The EPA is Reviewing Its 2024 Ban of Chrysotile Asbestos

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On March 18th, 2024, the U.S. Environmental Protection Agency’s ban of Chrysotile asbestos became the first rule to be finalized under the 2016 amendments to the nation’s chemical safety law, the Toxic Substances Control Act...more

Bergeson & Campbell, P.C.

DOJ Moves for Voluntary Dismissal of Its Appeal of Decision Finding that Section 230 Offers Immunity to Online Retailers

On April 24, 2025, the U.S. Department of Justice (DOJ) filed an unopposed motion in the U.S. Court of Appeals for the Second Circuit for voluntary dismissal of its appeal of an October 2024 decision finding that eBay is...more

Bergeson & Campbell, P.C.

Court Grants EPA’s Request for Abeyance, Denies EPA’s Request for Voluntary Remand in Challenge to Risk Evaluation Rule

As reported in our March 31, 2025, blog item, on March 21, 2025, the U.S. Court of Appeals for the District of Columbia Circuit heard oral argument in a case challenging the U.S. Environmental Protection Agency’s (EPA) May 3,...more

Bergeson & Campbell, P.C.

EPA Argues for Remand of Final Rule Amending Risk Evaluation Framework

On March 21, 2025, the U.S. Court of Appeals for the District of Columbia Circuit heard oral argument in a case challenging the U.S. Environmental Protection Agency’s (EPA) May 3, 2024, final rule amending the procedural...more

Bergeson & Campbell, P.C.

EPA Provides Update on Status of TSCA Risk Management Rule for TCE

On March 24, 2025, the U.S. Environmental Protection Agency (EPA) provided an update on the effective date of the Toxic Substances Control Act (TSCA) final risk management rule for trichloroethylene (TCE). As reported in our...more

Goldberg Segalla

EPA Requests Fifth Circuit to Uphold Asbestos-Ban Rule

Goldberg Segalla on

The U.S. Environmental Protection Agency filed a brief Feb. 7 with the Fifth U.S. Circuit Court of Appeals to uphold its prior rule banning chrysotile asbestos. The rule was issued by the EPA pursuant to relevant provisions...more

Bergeson & Campbell, P.C.

EPA Delays Effective Date of TCE Risk Management Rule

On January 28, 2025, the U.S. Environmental Protection Act (EPA) issued a final rule delaying the effective date of four rules, including the December 17, 2024, final risk management rule for trichloroethylene (TCE) issued...more

Williams Mullen

D.C. Circuit Court of Appeals Vacates the Confidential Business Rule under TSCA

Williams Mullen on

The D.C. Circuit Court of Appeals vacated a portion of the Confidential Business Information rule (CBI) in the Toxic Substances Control Act (TSCA) regulations as the panel of judges found it unlawfully allows for the unwanted...more

Bergeson & Campbell, P.C.

Appellate Court Vacates Requirement that Downstream Entities Reporting by Non-Confidential Accession Number Assert CBI Claims

On December 20, 2024, the U.S. Court of Appeals for the District of Columbia Circuit denied the Environmental Defense Fund’s (EDF) petition and granted the American Chemistry Council (ACC) and American Fuel and Petrochemical...more

Goldberg Segalla

EPA Announces Part 2 of Final Rule to Prohibit Asbestos Use in the United States

Goldberg Segalla on

The U.S. Environmental Protection Agency on Dec. 3 issued Part 2 of a final risk determination providing an overview of the hazards of asbestos “to workers in certain conditions.” The agency will soon begin the risk...more

Goldberg Segalla

Fifth Circuit Tells EPA 40-Year-Old Fluorination Process isn’t ‘New’

Goldberg Segalla on

Inhance Technologies is a company that has been fluorinating plastic containers using the same process since 1983. The fluorination process creates a barrier that keeps dangerous substances from leaching out of their...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wastewater Treatment /PCB Contamination: South Carolina Court of Appeals Addresses Insurance Coverage Issue

The Court of Appeals of South Carolina (“Court”) addressed in a January 3rd opinion an insurance coverage issue associated with a claim related to polychlorinated biphenyls (“PCBs”) deposited by a third party into a...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Confidential Business Information/Toxic Substance Control Act: Environmental Defense Fund Opening D.C. Circuit Court of Appeals...

The Environmental Defense Fund (“EDF”) filed an opening brief with the United States Court of Appeals for the D.C. Circuit (“D.C. Circuit”) challenging a United States Environmental Protection Agency (“EPA”) Toxic Substances...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hazardous Waste Enforcement: Tennessee Department of Environment and Conservation Proposed Order Addressing Kingston Treatment...

The Tennessee Department of Environment and Conservation (“TDEC”) issued a proposed Director’s Order and Assessment (“Order”) to Diversified Scientific Services, Inc. (“DSSI”) addressing alleged violations of the Tennessee...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Risk Evaluation/Toxic Substances Control Act: American Public Health Association Notice of Intent to Sue EPA Addressing Legacy...

The American Public Health Association and several other organizations and individuals (collectively “APHA”) sent a January 26th document to the United States Environmental Protection Agency (“EPA”) titled: Notice of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Electric Power/Petroleum and Coal Products Manufacturing/Chemical Manufacturing: U.S. Environmental Protection Agency Declination...

The United States Environmental Protection Agency (“EPA”) issued a Prepublication Notice on November 24th stating it would not issue final regulations for Comprehensive Environmental Response, Compensation and Liability Act...more

Bass, Berry & Sims PLC

Failure to Voluntarily Self-Report is a "Non-starter" under the FCA

Bass, Berry & Sims PLC on

On July 5, 2019, the D.C. Circuit Court of Appeals affirmed dismissal of a qui tam lawsuit against several chemical manufacturers that set forth a unusual theory of liability: the relator alleged that the manufacturers...more

Pillsbury - Gravel2Gavel Construction & Real...

Potential And Contingent Penalties Are Not Obligations Under The False Claims Act

On December 13, the U.S. Court of Appeals for the Fifth Circuit decided the case of United States of America, e ex rel. Jeffrey M. Simoneaux v. E. I. duPont de Nemours & Company. Reversing the district court, the Fifth...more

Dorsey & Whitney LLP

DuPont Appeal May Clarify What Constitutes a Reverse False Claim “Obligation”

Dorsey & Whitney LLP on

On January 20, a federal district court in Louisiana certified for appeal its 2014 ruling denying defendant DuPont’s motion for summary judgment, thereby permitting DuPont to seek appellate review of the district court’s...more

BakerHostetler

D.C. Circuit Rejects Petition Seeking TSCA Regulation of Spent Lead Bullets and Shot

BakerHostetler on

On December 23, 2014, the U.S. Court of Appeals for the D.C. Circuit issued an opinion rejecting on the merits a petition filed by 101 environmental groups seeking to compel EPA to regulate spent lead bullets and shot under...more

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