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DC Circuit Makes Clear Loper Bright Did Not End Deference to Agency Factual Determinations

In a decision on the US Environmental Protection Agency’s risk assessment of a chemical included in its Miscellaneous Organic Chemical Manufacturing (MON) rule, the US Court of Appeals for the District of Columbia Circuit...more

Risk Evaluation Rule Tees Up Litigation on How EPA Considers Chemical Use in Commerce

The US Environmental Protection Agency (EPA) on May 3, 2024 released its final amendments to its Procedures for Chemical Risk Evaluation (or the Risk Evaluation Rule), the procedural framework for evaluating the health and...more

Recent EPA Actions Show Why Companies Must Understand Products’ Individual Chemical Constituents

Historically, the US Environmental Protection Agency (EPA) has generally declined to regulate manufactured goods or finished products―known as “articles”―under the Toxic Substances Control Act (TSCA). This long-standing...more

Reduce, Reuse, Regulate: The Current State of Plastic Waste Legislation in the United States

Three hundred million tons of plastics are produced each year worldwide. Less than 10% of plastic waste in the United States is recycled each year. With projections showing that plastics production is expected to triple over...more

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