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April 26, 2019

D.C. Circuit Partially Denies Petition for Review of TSCA Inventory Rule; Holds that the Reverse Engineering Aspect of the Inventory Rule “Comes Up Short” and Remands Issue Back to EPA

On April 26, 2019, the U.S. Court of Appeals for the D.C. Circuit (D.C. Circuit) issued its order on petition for review of the U.S. Environmental Protection Agency’s (EPA) final rule on the Toxic Substances Control Act (TSCA) Inventory Notification (Active-Inactive) Requirements (82 Fed. Reg. 37520 (Aug. 11, 2017)), which denied the petition for review on all but one claim.  Petitioner Environmental Defense Fund (EDF) challenged five distinct features of the Inventory final rule: ...