ELR Citation: ELR 20456
No(s). 87-3502 (3d Cir. Feb 1, 1988)

The court upholds the Environmental Protection Agency's (EPA's) rule under §4 of the Toxic Substances Control Act requiring manufacturers to test fluoroalkelenes for their potential adverse health effects. The decision to promulgate the testing rule was supported by substantial evidence, since EPA had a basis for concern about fluoroalkelenes, but there was insufficient evidence about their toxicity and potential for human exposure to warrant regulation. Section 4 does not require EPA to demonstrate that humans are actually exposed to the chemical to such a degree that serious harm could result if the substances are toxic.

Counsel for Petitioners
Robert M. Sussman
Covington & Burling
1201 Pennsylvania Ave. NW, P.O. Box 7566, Washington DC 20044
(202) 662-6000

Counsel for Respondent
Ashley Doherty, Roger Marzulla
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2000

James Nelson, Ass't General Counsel
U.S. Environmental Protection Agency
401 M St. SW, Washington DC 20460
(202) 475-8040