Earthjustice Files Notice of Intent to Sue EPA for Missing TSCA Risk Evaluation Deadlines

On July 7, 2023, Earthjustice, on behalf of its clients, announced that it notified the U.S. Environmental Protection Agency (EPA) of its intent to sue for missing the statutory deadlines under the Toxic Substances Control Act (TSCA) for EPA to evaluate the risks to public health posed by 22 toxic chemicals. Earthjustice states that until EPA completes the overdue risk evaluations, “some of the most dangerous and widely used chemicals on the market will remain unregulated under [TSCA].” Earthjustice is representing Louisiana Environmental Action Network (LEAN), Texas Environmental Justice Advocacy Services (t.e.j.a.s.), Sierra Club, Learning Disabilities Association of America, and Community in Power and Development Association (CIDA). According to Earthjustice, TSCA requires EPA to evaluate comprehensively chemicals’ risks and then ban or regulate them to the extent necessary to protect against unreasonable risks to human health and the environment. Earthjustice intends to seek a court order establishing a new timeline to ensure that EPA completes the overdue chemical risk evaluations as quickly as possible.