Toxic Substances

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…

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…

The Fifth Circuit vacated two orders EPA issued under TSCA that prohibited a plastics company from manufacturing or processing long-chain perfluoroalkyls (PFAS) during its fluorination process. In…

A district court vacated three pesticide registrations issued by EPA in 2020 for "over-the-top" application of dicamba products manufactured by agrochemical companies. Environmental…

The Eleventh Circuit vacated a district court's conclusion that FIFRA expressly preempted a state failure-to-warn claim brought by a Georgia landowner against the manufacturer of the…

The Ninth Circuit granted in part and denied in part environmental and public interest groups' petition to review EPA's amended pesticide registrations of streptomycin sulfate for use in…

The Ninth Circuit, 2-1, affirmed a district court's grant of summary judgment for agricultural producers and businesses and a permanent injunction enjoining the California attorney general (…

The Eighth Circuit granted farming groups' petitions to review EPA's 2021 order banning agricultural use of the insecticide chlorpyrifos. The groups argued EPA's "rushed"…

The Fifth Circuit affirmed summary judgment for the operator of a chemical storage facility in a lawsuit concerning the operator's 2019 oil spill into the Houston Ship Channel. Shipping…

In an en banc decision, the Eleventh Circuit vacated a panel opinion in a lawsuit concerning a Georgia resident's cancer following decades of using a weedkiller containing glyphosate. The…