On June 10, 2024, in Center for Environmental Health v. Regan (No. 23-1476), the Fourth Circuit Court of Appeals held that federal courts do not have jurisdiction to review EPA’s grant of a petition under the Toxic Substances Control Act (TSCA) to test 54 PFAS. Four citizen groups (“Petitioners”) had petitioned EPA under TSCA to require testing of 54 PFAS that Petitioners alleged were prevalent in their community. After EPA granted their petition, but declined to adopt the Petitioners’ proposed testing program, Petitioners filed suit in federal court and contended that EPA had, in effect, denied their petition. The Fourth Circuit concluded that “by promptly commencing a proceeding for determining how to best test PFAS, the EPA gave Petitioners all that they were entitled to receive.” Because TSCA allows federal courts to review the denial of a petition, but not the grant of a petition, the Fourth Circuit affirmed the lower court’s dismissal for lack of jurisdiction.

The Fourth Circuit concluded by pointing out that “[o]ur decision precludes only one potential avenue for relief” because “Petitioners are free to seek judicial review of any final order the EPA may issue.”

The Fourth Circuit’s decision can be found here.

. . . by promptly commencing a proceeding for determining how to best test PFAS, the EPA gave Petitioners all that they were entitled to receive.

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