ELR Citation: 53 ELR 20055
No(s). 7:22-CV-00073-M (E.D.N.C. Mar 30, 2023) (Myers, J.)

A district court granted EPA's motion to dismiss nonprofit groups' challenge to the Agency's response to their TSCA petition requesting comprehensive health and environmental effects testing on 54 per- and polyfluoroalkyl substances (PFAS) manufactured by a company in North Carolina. EPA granted the petition, but the groups argued the Agency effectively denied it because EPA does not currently project testing all of the PFAS individually nor does it plan to implement many of the tests requested in the petition. The court found that EPA granted the petition because it has initiated proceedings for the 54 PFAS requested in the petition, and thus that the court lacked jurisdiction to review it. It dismissed the suit.