Take on Toxics

This action concerns two rules recently promulgated by the Environmental Protection Agency (“EPA”) implementing the Formaldehyde Standards in Composite Wood Products Act. 15 U.S.C. § 2697 (the “Formaldehyde Act,” codified as Title VI of the Toxics Substances Control Act (“TSCA”)). The first rule established emission standards for formaldehyde in composite wood products and associated testing and compliance mechanisms. 81 Fed. Reg. 89674 (Dec. 12, 2016) (the “Formaldehyde Rule”). EPA signed this rule in July 2016 and published it in the Federal Register on December 12, 2016. The second rule extended the Formaldehyde Rule’s compliance dates so that the first compliance deadline is December 12, 2018, one year later than the December 12, 2017 deadline in the Formaldehyde Rule and more than three years after the Formaldehyde Act directed EPA to require compliance. 82 Fed. Reg. 44533 (Sept. 25, 2017) (the “Formaldehyde Delay Rule”).

The suit asks the Navy to pay for medical surveillance of exposed families so that serious health problems associated with this toxic class of chemicals called PFAS can be detected early, increasing the chances of a favorable outcome.