ELR Citation: 54 ELR 20084
No(s). 23-1476 (4th Cir. Jun 10, 2024)

The Fourth Circuit affirmed dismissal of a TSCA citizen suit concerning EPA's decision on a petition to require testing for 54 per- and polyfluoroalkyl substances (PFAS). Four citizen groups argued that EPA's decision, which granted the petition and agreed to require testing on PFAS as a class through its own testing protocol, was effectively a denial of their petition because the Agency did not require direct testing on 47 of the substances identified and did not adopt their testing strategy. A district court dismissed for lack of jurisdiction, finding the decision was a grant in fact because EPA reasonably chose to grant the request to test the 54 PFAS as a category and that the groups did not have the right to compel adoption of their specific testing program. The appellate court agreed, finding EPA followed TSCA's requirements when choosing to treat the 54 PFAS as a class and that it did not effectively deny the petition by declining to adopt the proposed testing program. It affirmed dismissal for lack of jurisdiction.