Landmark Chemicals Case May Embolden EPA

Law360, New York (December 19, 2013, 6:36 PM EST) -- An appeal has been requested by Elementis Chromium Inc., following a Nov. 12, 2013, opinion issued by the chief administrative law judge for the U.S. Environmental Protection Agency imposing a $2.5 million penalty against the only U.S. producer of basic hexavalent chromium chemicals for failing to submit an epidemiological study to the EPA pursuant to the requirements of section 8(e) of the Toxic Substances Control Act ("TSCA").[1] The EPA's Environmental Appeals Board ("EAB") is the body that considers appeal for such cases.

The results of the appeal will be watched closely; however, in the meantime, both in-house counsel and outside lawyers...

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