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Jackson, Ryan[jackson.ryan@epa.gov] POLITICO Pro Energy Whiteboard Fri 9/1/2017 7:54:15 PM TSCA rule lawsuits to head to different courts
By Alex Guillen
09/01/2017 03:51 PM EDT
Lawsuits over two key EPA rules for implementing the revised Toxic Substances Control Act will play out in two separate courts.
Various challenges were filed last month over EPA's prioritization rule, which determines how the agency chooses which substances it will focus on immediately, and its evaluation rule, which describes how EPA will review substances. Public health and environmental groups argued that both rules skewed in favor of industry interests.
Lawsuits over the rules were filed in the 2nd, 4th and 9th Circuits. EPA had asked for all the lawsuits to land in the same court, but each rule's challenges will proceed in a different court. The lawsuits over the prioritization rule will move forward in the 9th Circuit, while the 4th Circuit will handle challenges to the evaluation rule.
The decisions were made randomly by the Judicial Panel on Multidistrict Litigation, a group of seven judges who consolidate similar lawsuits that are filed in disparate courts.
To view online'. https://www.politicopro.com/energy/whiteboard/2017/09/tsca-rule-lawsuits-to-head-to-differentcourts-092409
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