ELR Citation: 51 ELR 20170
No(s). 19-1042(L), 19-1044, and 19-2329 (2d Cir. Sep 1, 2021)

The Second Circuit denied two petitions to review EPA's final rule restricting access by customers to methylene chloride. A solvent company challenged the rule, arguing that the method of restricting customer use was arbitrary and capricious because of its incidental impact on commercial uses, and that the rule was unsupported by substantial evidence because EPA failed to adequately consider the costs of the proposed rule. Environmental groups also challenged the rule, arguing that TSCA required EPA to regulate commercial uses of methylene chloride as well as consumer uses. The court held that the solvent company's challenge failed because the final rule was supported by substantial evidence, and that the environmental groups' challenge was prudentially unripe for review at this time. It therefore denied both petitions for review.