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Take on Toxics

The Latest On: Take on Toxics

September 28, 2018 | Legal Document

Comments on PFAS National Leadership Summit and Engagement, Docket ID No. EPA-HQ-OW-2018-0270

Earthjustice submits these comments on behalf of the undersigned organizations and individuals in response to EPA’s request for information from the public for the purpose of “informing specific near-term actions, beyond those already underway, that are needed to address challenges caused by per- and polyfluoroalkyl substances (PFAS) currently facing states and local communities.”

September 24, 2018 | Legal Document

Chlorpyrifos: Petition for Rehearing

The U.S. Environmental Protection Agency asks the Ninth Circuit Court of Appeals to rehear the case in which it decided that the EPA must ban chlorpyrifos within 60 days.

September 12, 2018 | Legal Document

GRAS Rule Challenge: Order on Motion to Dismiss

Court ruling finding that plaintiffs Center for Food Safety and Environmental Defense Fund have standing to pursue their claims based on harm to their members.

August 23, 2018 | Legal Document

Comments Chemical Disaster Rule Rollback

On May 30, 2018, the U.S. Environmental Protection Agency (“EPA”) published in the Federal Register a proposed rule entitled “Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act,” 83 Fed. Reg. 24,850 (May 30, 2018) (the “Rollback Rule”). The Rollback Rule would rescind or weaken almost all of the chemical disaster prevention and mitigation measures previously adopted by the agency in its January 2017 final rule, “Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act,” 82 Fed. Reg. 4594 (Jan. 13, 2017) (the “Chemical Disaster Rule”). Comments on the Rollback Rule were originally due July 30, 2018, but EPA extended this deadline to August 23, 2018, pursuant to a Notice of Data Availability. See “Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act; Notification of Data Availability and Extension of Comment Period,” 83 Fed. Reg. 34,967 (July 24, 2018). The undersigned groups submit the following comments to oppose EPA’s proposed Rollback Rule. For reasons discussed herein and provided in the D.C. Circuit’s decision vacating EPA’s 2017 Delay Rule, EPA should withdraw, and not finalize, the proposed Rollback Rule. See Air Alliance Houston et al. v. EPA, No. 17-1155, Slip Op. (D.C. Cir. Aug. 17, 2018).

August 17, 2018 | Legal Document

Chemical Disaster Rule Delay Opinion

Because EPA has not engaged in reasoned decisionmaking, its promulgation of the Delay Rule is arbitrary and capricious. Accordingly, the court grants the petitions for review and vacates the Delay Rule.