EPA Ducks Suit Challenging Pollution Tests On Humans

Law360, New York (February 1, 2013, 4:29 PM EST) -- A Virginia federal judge on Thursday dismissed an environmental policy think tank's suit seeking to shutter a U.S. Environmental Protection Agency study examining the effects of potentially lethal pollutants on human subjects, ruling the study didn't constitute a legally contestable “final agency action.”

In a complaint filed Sept. 21, the American Tradition Institute Environmental Law Center accused the EPA of exposing study participants to fine particles, such as those emitted by cars and coal power plants, without informing them of the risks. It had sought to compel the agency to "re-evaluate the risks from fine particulate matter to ensure EPA does not...

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