Court Rejects EPA Bid to Dismiss TSCA Confidentiality Suit
A federal judge in the Middle District of Georgia has denied EPA’s motion to dismiss a lawsuit brought by Burgess Pigment Company, which is seeking to stop the agency from publicly disclosing the identity of one of its chemical substances. The dispute stems from Burgess’s failure to timely file a required notice under EPA’s “Active/Inactive […]
Coalition Argues TSCA Bars EPA From Weighing Data-Center Benefits in a New-Chemical Review
A coalition of seventeen environmental organizations, led by Earthjustice, has asked EPA to deny a premanufacture notice (PMN) under the Toxic Substances Control Act (TSCA) for a fluorinated immersion-cooling fluid intended to cool data-center equipment. The comments press three lines of attack: that the substance poses an unreasonable risk EPA must act on, that the […]
EPA to Host May 6 Webinar on TSCA CBI Claim Expirations
On May 6, 2026, at 4:00 p.m. EDT, EPA will host a webinar on expiring confidential business information (CBI) claims under the Toxic Substances Control Act (TSCA). According to EPA, the webinar will help companies, stakeholders, and the public understand the regulatory requirements governing the lifecycle of CBI claims, including how to determine whether a […]
EPA Releases List of Expiring CBI Claims, CDX Tool for Extensions
On April 23, 2026, EPA announced the release of the first list of expiring confidential business information (CBI) claims under the Toxic Substances Control Act (TSCA). Each claim on the list is identified by TSCA case number, expiration date, and submission type. The inaugural list includes 294 claims that are set to expire between June […]
Manufacturer Challenges Court-Ordered CBI Disclosure
A specialty materials manufacturer is suing EPA to prevent the release of its unredacted premanufacture notices (PMNs) under seal in separate litigation challenging the transparency of EPA’s new chemicals program under the Toxic Substances Control Act (TSCA). A March 23, 2026, court deadline for EPA to produce the documents has now passed without EPA compliance, […]
First TSCA CBI Claims Will Expire in 2026—Companies Should Prepare Now
Companies with confidential business information (CBI) claims under the Toxic Substances Control Act (TSCA) should mark their calendars—prompt action may soon be required to maintain their claims. CBI claims asserted under amended TSCA will begin to expire in June 2026, and submitters must reassert their claims prior to expiration to prevent the public disclosure of […]
EPA Moves to Dismiss Novel TSCA CBI Challenge as Untimely
A lawsuit seeking to prevent EPA from disclosing chemical identity information under the Toxic Substances Control Act (TSCA) was not timely filed, the agency told the District Court for the Middle District of Georgia on November 24, 2025. Plaintiff Burgess Pigment Co. filed suit after receiving a 2025 notification from EPA stating that the agency […]
Company Sues EPA to Block Disclosure of Chemical Identities Under TSCA
A silicates manufacturer is suing EPA to prevent the disclosure of its confidential business information (CBI) under the Toxic Substances Control Act (TSCA), in what at least one source claims may be a case of first impression under the law. At issue are the chemical identities of two substances that Burgess Pigment Co. initially failed […]
D.C. Circuit Rejects Environmentalist Arguments, Sides with Industry over TSCA CBI Rule
EPA’s 2023 rule revising confidential business information (CBI) claims under the Toxic Substances Control Act (TSCA) is only unlawful insofar as it could lead to certain inadvertent waivers of confidentiality by downstream entities, the D.C. Circuit ruled on December 20, 2024. The case, Environmental Defense Fund v. EPA, No. 23-01166, consolidated petitions from the Environmental […]
Environmental Group Petitions for Review of EPA’s New Confidential Business Information Rule
On June 29, 2023, the Environmental Defense Fund (EDF), a non-profit organization, 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) (88 FR 37155). As described in a previous Verdant Law […]