9th Circ. Denies EPA's Bid To Move TSCA Prioritization Row

Law360, New York (November 28, 2017, 9:27 PM EST) -- The Ninth Circuit on Monday refused the U.S. Environmental Protection Agency's bid to transfer to the Fourth Circuit challenges by environmental groups to its rule outlining how it will prioritize which chemicals to evaluate under the recently amended Toxic Substances Control Act.

The EPA had asked the appeals court to send the entire matter, which consists of three now consolidated challenges to the prioritization rule, to the Fourth Circuit, where three other challenges to a separate TSCA rule have also been consolidated. The environmental groups opposed such a move and the Ninth Circuit, in a brief order with no explanation, denied...

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