ELR Citation: 54 ELR 20112
No(s). 22-2287 (3d Cir. Jul 23, 2024)

The Third Circuit dismissed for lack of jurisdiction a chemical company's petition to review EPA's health advisory for HFPO-DA, a chemical found in drinking water. The company argued the advisory violated both the procedural and substantive requirements of the APA and the nondelegation doctrine. The court found the advisory provided guidance, but did not impose any obligations, prohibitions, or restrictions, and thus did not constitute "final agency action." It dismissed the petition for lack of subject matter jurisdiction.