Inside EPA

The D.C. Circuit’s landmark decision upholding EPA’s rule listing two legacy PFAS as Superfund hazardous substances supports the agency’s broad discretion to similarly designate a range of other substances, endorsing the agency’s “plain meaning” interpretation and rejecting industry’s call for a bright-line “substantial danger” threshold.

The D.C. Circuit’s landmark decision upholding EPA’s rule listing two legacy PFAS as Superfund hazardous substances supports the agency’s broad discretion to similarly designate a range of other substances, endorsing the agency’s “plain meaning” interpretation and rejecting industry’s call for a bright-line “substantial danger” threshold.

EPA appears to be moving toward a Supreme Court appeal of Biden-era air quality limits for fine particulate matter (PM2.5) after the agency missed a deadline to seek rehearing of an appellate ruling upholding the standards while facing a critical February 2027 implementation deadline. In recent legal filings, EPA indicated it was considering either filing a petition for rehearing of the unanimous June 26 ruling in Commonwealth of Kentucky, et al., v. EPA, et al upholding the standards, or...

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The D.C. Circuit has scheduled Oct. 5 oral arguments in environmentalists’ and states’ consolidated challenges to the first Trump EPA’s controversial rule allowing “major sources” of air toxics pollution to reclassify as “area” sources subject to less-stringent regulation. The U.S. Court of Appeals for the District of Columbia Circuit Aug. 18 announced that the court will hear arguments in California Communities Against Toxics v. EPA the first Monday in October.

Environmentalists and Democratic states are renewing calls for the D.C. Circuit to pause litigation over EPA’s greenhouse gas endangerment finding repeal to allow the agency to act on their reconsideration petitions, with the rule’s critics citing the court’s recent decisions to pause two other EPA air rule suits due to similar dynamics. While EPA asserted that the multiple requests for abeyance represent a “strategy” by critics to delay quick resolution of the litigation, petitioners in an Aug.

EPA’s draft TSCA risk evaluation for ethylene dibromide finds the aviation gasoline ingredient presents an unreasonable risk of injury to workers due to non-cancer and cancer risks driven by inhalation and dermal exposures under multiple conditions of use, a finding that if finalized will require risk management actions. However, the draft risk evaluation finds the chemical does not pose an unreasonable risk to consumers, the general public or the environment.

A series of recent and forthcoming court decisions could provide some limits on the Trump EPA’s broad effort to curb the number and scope of citizen enforcement suits, which environmental groups have increasingly brought as the federal government pulls back its own enforcement efforts.

Inside EPA is a subscription-fee-based daily digital news service from Inside Washington Publishers. SITE LICENSES Economical site license packages are available to fit any size organization, from a few people at one location to company-wide access. For more information on how you can get greater access to Inside EPA.com for your office, contact Online Customer Service at 703-416-8505 or iepa@iwpnews.com. STAY CONNECTED

A new report by a consumer advocacy group says oil companies and their allies have orchestrated a flood of briefs backing the industry’s Supreme Court appeal in a high-stakes climate change case, with the group renewing a push for Justice Samuel Alito to recuse himself from the litigation. The Aug. 17 report , “A Field Guide to Front Groups: Coordinating a Supreme Court Campaign to Shield Big Oil,” says of the 38 groups that filed amicus briefs on behalf of...