The Ninth Circuit vacated EPA's conditional registration of a pesticide because the Agency failed to support its requisite finding that registration was in the public interest. A pesticide manufacturer applied to register a pesticide that uses nanosilver as its active ingredient. EPA conditionally r...
The First Circuit struck down two Puerto Rican municipalities' ban of the disposal of coal ash at landfills within their borders. In 2015, Puerto Rico's Environmental Quality Board (EQB) approved a request from two landfills to receive coal ash from a coal-fired energy plant. Two years prior, the mu...
A district court held that an insurer is not liable for damages in connection with environmental cleanup costs stemming from a biofuel firm's recycling of catfish and other oils. The biofuel firm entered into a fat, oil, and grease recycling agreement (FOG) with a catfish company and rented property...
Editors' Summary: TSCA provides EPA with broad authority to address potential hazards posed by the manufacture, processing, distribution in commerce, use, and disposal of chemical substances and mixtures. In this first of a three-part series, the authors begin a detailed examination of the statute and regulatory program. They review the origins, objectives, and key components of TSCA, and then analyze TSCA's scope -- focusing particularly on definitional issues and exclusions.