Mark Duvall Mentioned in Bloomberg Law's Article on EPA’s Chemical Manufacturing Orders

Principal Mark Duvall (Washington, DC) was quoted in Bloomberg Law’s article “Three Lawsuits Aim to Shape EPA’s Use of Chemical Test Orders.” The article discusses three lawsuits that challenge the Environmental Protection Agency’s (EPA) authority, which it has only recently started to use.

Two of the suits mentioned, Lanxess Corp. v. EPA, and Vinyl Institute, Inc. v. EPA, are “of interest because the lawsuits involving EPA actions under Section 4 of the Toxic Substances Control Act of 1976 have been virtually nonexistent since the 1980s and 1990s” said Mark.

The article then discusses a third lawsuit, Center for Environmental Health v. Nishida, a case that could potentially determine when and how citizens could order environmental hazard tests. This case also introduces how the EPA is following through with its recent guidance on issues such as environmental justice and PFAS regulation.

Mark later said, “there has presumably been no litigation under amended Section 4 until now because EPA is only now imposing testing requirements.” He also noted that the third case “fits into the pattern of litigants probing the extent of and interpretations of EPA’s authority” under the expanded Toxic Substances Control Act.

Beveridge & Diamond’s Chemicals Regulation practice group and Chemicals industry group provide strategic, business-focused advice to the global chemicals industry. We work with large and small chemical and products companies whose products and activities are subject to EPA’s broad chemical regulatory authority under TSCA and state chemical restrictions.