Ninth Circuit reverses Pruitt decision to allow a dangerous pesticide on food.
Last Thursday, the Ninth Circuit ruled that Scott Pruitt had no justification for allowing even the tiniest traces of a pesticide called chlorpyrifos (also called Lorsban and Dursban) on food. This is yet another judicial slap against lawlessness by the current Administration. Chlorpyrifos was originally invented as a nerve gas, but it turns out that …CONTINUE READING
Asbestos included in first 10 chemicals EPA will evaluate for human and environmental risks under TSCA
Today EPA released a list of the first ten chemicals it will evaluate for risks to human health and the environment under the reformed Toxic Substances Control Act (TSCA). These ten chemicals, drawn from a list of 90 in EPA’s 2014 TSCA Work Plan, will undergo complete risk evaluations within three years. If EPA finds …CONTINUE READING
This was not a great decision for EPA, but it could have been much worse.
The Court has just now decided the Michigan case, involving EPA’s mercury regulation. As Ann Carlson explained in an earlier post, a lot was at stake in the case. The Court ruled 5-4 against EPA. This passage seems to be key to the Court’s reasoning: One would not say that it is even rational, never mind …CONTINUE READING
Yesterday, the Supreme Court granted cert. in several cases to hear the following question: “Whether the Environmental Protection Agency unreasonably refused to consider costs in determining whether it is appropriate to regulate hazardous air pollutants emitted by electric utilities.” The fundamental issue is whether it was unreasonable for EPA to interpret section 112 to preclude consideration …CONTINUE READING
Vermont’s new chemical program looks to be a mixed bag
Vermont just joined the posse of states taking chemical regulation reform into their own hands in the face of inaction in Congress. Last week the Green Mountain State enacted a new law covering chemicals in children’s products. (A children’s product is defined as “any consumer product, marketed for use by, marketed to, sold, offered for …CONTINUE READING
The Supreme Court has declined to review a lower court opinion striking down the Bush Administration’s regulation of mercury. This isn’t a huge surprise since the Obama Admimistration indicated that the lower court opinion was consistent with its own regulatory policy, leaving only the industry to seek revieew. The lower court opinion is one of …CONTINUE READING