9th Circuit Says EPA Must Examine Chemical’s Legacy Use When Deciding Safety

Mealey's (November 18, 2019, 1:02 PM EST) -- SEATTLE — A Ninth Circuit U.S. Court of Appeals panel on Nov. 14 granted a portion of a petition filed by a number of public health and environmental groups that challenged an amendment to the Toxic Substances Control Act’s Risk Evaluation Rule, holding that the U.S. Environmental Protection Agency must consider the history of a chemical’s use and its associated disposal when determining its safety (Safer Chemicals, Healthy Families, et al. v. U.S. Environmental Protection Agency, et al., Nos. 17-72260, 17-72501, 17-72968, 17-73290, 17-73383, 17-73390, 9th Cir., 2019 U.S. App. LEXIS 33976)....