On July 5, the U.S. Court of Appeals for the District of Columbia Circuit ruled in favor of industrial challengers of a Toxic Substances Control Act (TSCA) test order for the chemical 1,1,2-TCA. B&D filed an amicus brief on behalf of our longtime client, the American Chemistry Council (ACC). Vinyl Institute, Inc. v. Environmental Protection Agency, No. 22-1089 (D.C. Cir. 2024). 

2016 amendments to TSCA give EPA expanded authority to require new testing instead of only relying on existing data regarding a chemical’s toxicity. The Court vacated EPA’s test order, upholding ACC and the Vinyl Institute's arguments that EPA failed to provide sufficient justification for the order.

B&D’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 companies whose products and activities are subject to EPA’s broad chemical regulatory authority under TSCA and state chemical restrictions.