November 15, 2019 / 11:01 PM / a month ago

9th Circuit strikes part of EPA rule that ignored risks of legacy chemicals

The Environmental Protection Agency violated a 2016 law that requires it to review the health and environmental risks of commercial chemicals by excluding the dangers of existing asbestos insulation, lead paint and other “legacy” uses that have largely been discontinued, a federal appeals court held on Thursday.

The 9th U.S. Circuit Court of Appeals vacated part of the Risk Evaluation Rule of 2017, which set up a framework for reevaluating chemical hazards in order to determine those that need additional regulation. Congress mandated the review in its 2016 overhaul of the Toxic Substances Control Act.

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