Ninth Circuit Upholds EPA’s 2024 New Chemicals Rule
Less than two weeks after oral argument, a Ninth Circuit panel has denied consolidated challenges to EPA’s 2024 rule governing reviews of new chemicals under the Toxic Substances Control Act (TSCA). The ruling upholds EPA’s case-by-case evaluations of persistent, bioaccumulative, and toxic substances (PBTs) for streamlined new-chemical reviews. It also upholds the Agency’s decision not […]
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, […]
Court Orders EPA to Release PMNs in TSCA Transparency Case
The D.C. District Court has ordered EPA to provide Toxic Substances Control Act (TSCA) premanufacture notices (PMNs) in litigation challenging the agency’s new chemical review procedures as insufficiently transparent. The lawsuit, brought by five environmental groups, alleges that EPA fails to timely publish complete notices of receipt of PMNs and applications for test marketing exemptions […]
SBA Calls for Federal Scrutiny of State EPR Laws
In comments submitted October 30, 2025, the Small Business Administration’s (SBA’s) Office of Advocacy is calling for the federal government to take action against state extended producer responsibility (EPR) programs “as barriers to interstate commerce.” SBA’s comments are part of a larger document submitted in response to an August 2025 Department of Justice (DOJ) request […]
EPA Releases Default Values Guide for TSCA New Chemical Risk Assessments
On November 24, 2025, EPA released a guide listing common “default values” for environmental releases and worker exposures used by the agency in risk assessments of new chemical substances under the Toxic Substances Control Act (TSCA). What Are Default Values? Default values are assumed engineering values used by EPA when chemical-specific information is unavailable. For […]
Union Says EPA’s New Chemicals Rule Fails Transparency Mandate Under TSCA
EPA’s 2024 new chemicals procedural rule fails to satisfy Congress’s intent that Toxic Substances Control Act (TSCA) new chemical and significant new use reviews be transparent, a workers union told the Ninth Circuit on October 16, 2025. In its opening brief, United Automobile, Aerospace & Agricultural Implement Workers of America (UAW) cites its own experience […]
Court Finds EPA’s Transparency in New Chemicals Disclosures Reviewable
EPA’s alleged failure to disclose certain information submitted to its New Chemicals Program is subject to judicial review under the Toxic Substances Control Act (TSCA) and the Administrative Procedure Act (APA), the D.C. District Court ruled on August 20, 2024. In Environmental Defense Fund v. Regan, No. 1:20-cv-00762-LLA, five environmental organizations allege that EPA engages […]
EPA Releases PFAS Analytic Tools
On January 5, EPA released its PFAS Analytic Tools database, a collection of PFAS information the Agency has brought together from internal Agency databases, other federal agencies, and state and tribal agencies. The data will be particularly useful to the Agency when it reviews submissions on PFAS releases from the Toxics Release Inventory (“TRI”) reporting. […]
EPA Updates New Chemical Review Program Webpage to Increase Transparency
In December 2022, EPA announced updates to its New Chemicals Review Program website to include additional information and metrics on the Agency’s review of new chemicals and significant new uses. In the announcement, the Agency stressed its commitment to increasing efficiency, effectiveness, and transparency through the chemical review process. To progress in this goal, the […]
California Department of Toxic Substances Hosted Engagement Sessions on Sustainable Chemistry Definition
The California Department of Toxic Substances Control (CDTSC) hosted two engagement sessions encouraging stakeholders to share their perspectives on an actionable definition of sustainable chemistry that was provided by the Expert Committee on Sustainable Chemistry (ECOSChem). ECOSChem is a 20-person group including representatives from academia, government, industry, and non-governmental organizations. The group has been tasked […]