Environmental Group Petitions for Review of EPA’s New Confidential Business Information Rule

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Environmental Defense Fund (“EDF”) has filed a petition in the US Court of Appeals for the District of Columbia requesting a review of EPA’s recently finalized rule Confidential Business Information Claims Under the Toxic Substances Control Act (TSCA).  Petitioner’s Statement of Issues was filed in August.  EDF raises the question of whether EPA’s rule was arbitrary, capricious, an abuse of discretion, or otherwise contrary to law because it …

 

  • Would allow confidential business information (“CBI”) claims for types of information TSCA makes categorically ineligible for CBI protection;
  • Would not require substantiation or EPA review of a CBI claim that was asserted before the chemical’s commercialization, for information that identifies the specific chemical identity. once the chemical is commercialized;
  • Unlawfully adopts a regulatory definition of “health and safety study” that is narrower than the TSCA definition, denying TSCA-mandated public access to important information on chemicals;
  • Give the Agency unlawfully broad discretion through its regulations where TSCA imposes a duty upon the Agency; and
  • Reduces the transparency previously required under EPA’s CBI review procedures without adequate justification.

 

EDF has not yet filed a memorandum in support of its petition.