National Law Review: "the Court of Appeals for the 5th Circuit Vacates EPA’s Methylene Chloride Risk Management Rule"

Via the National Law Review: 

Yesterday, in a much anticipated and long-awaited opinion, the Court of Appeals for the Fifth Circuit vacated and remanded in its entirety the EPA’s risk management rule for methylene chloride and the underlying unreasonable risk determinations, under the Toxic Substances Control Act (TSCA). The Court granted the petition filed by East Fork Enterprises, Epic Paint Company, and the American Chemistry Council and denied the petition filed by the Sierra Club. And by doing so, the Court provides, for the first time since the 2016 TSCA amendments, helpful judicial guardrails as to what is and is not unreasonable risk. 

...EPA will be forced to take this rule and the underlying risk evaluation back to the drafting table. This remarkable opinion will have a profound impact on the regulatory landscape as EPA navigates this new lack of discretion and rejection of core policy positions. Thus, companies should expect significant disruption and delays to EPA actions involving TSCA risk evaluations and risk management rules. 

I was expecting this to come from the EPA itself, but here we are!