On March 1, 2019, Inside EPA quoted Bergeson & Campbell, P.C.’s (B&C®) Forecast for U.S. Federal and International Chemical Regulatory Policy 2019 regarding ongoing lawsuits that could foreshadow future challenges to the CBI proposal.
The law firm Bergeson & Campbell says in its “Forecast 2019” publication that environmentalists' ongoing lawsuit on EPA's “Inventory notification rule … may presage a challenge to the CBI review rule.”
The Environmental Defense Fund (EDF) claims that EPA’s 2017 inventory notification rule changes to criteria for substantiating businesses' CBI claims, compared to the proposed version issued late in the Obama administration, violated both the reformed TSCA law and rulemaking requirements in the Administrative Procedure Act (APA).
A D.C. Circuit panel heard argument in EDF v. EPA last October. All three judges appeared critical of the 2017 rule -- including comments that the Trump-era changes are illogical, contrary to the law and raise procedural concerns -- but an opinion has yet to be released.