Prero Discusses Fifth Circuit’s Methylene Chloride Decision
Bloomberg Law
Judah Prero was quoted examining the implications of the US Court of Appeals for the Fifth Circuit’s decision to vacate the US Environmental Protection Agency’s (EPA) methylene chloride rule and underlying risk assessment.
The ruling marks the first court decision that substantively addresses the Toxic Substances Control Act (TSCA) provisions concerning risk evaluation and management under the 2016 TSCA amendments and could significantly influence future EPA chemical regulation.
Judah said that the court ruled in favor of industry petitioners and detailed many opinions they, and other industry groups, have made in comments they’ve filed concerning chemical risk evaluations and rulemakings. He added, “Congress did not enact TSCA as a zero-risk statute. That shows the statute envisions the EPA reviewing chemicals and allowing some uses even if they pose some level of risk.”
Judah also explained that workplace exposure requirements could be affected by the decision, noting that dropping the presumption that workers don’t wear personal protective equipment would affect workplace limits if the EPA implements the court’s opinion.
The decision may reshape EPA risk evaluation methodologies and broader chemical management policies under TSCA.
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