ELR Citation: 54 ELR 20102
No(s). 22-1089 (D.C. Cir. Jul 5, 2024)

The D.C. Circuit vacated a 2022 EPA order requiring chemical manufacturers/processors to test the chronic toxicity of 1,1,2-trichloroethane pursuant to TSCA. A trade organization representing seven entities challenged the order, arguing EPA failed to comply with several statutory requirements. The court found that to the extent EPA relied on non-public portions of the administrative record, the Agency failed to provide substantial evidence that met its statutory mandate. The court vacated the order and remanded to EPA to satisfy the mandate with "substantial evidence in the record taken as a whole."