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Environmental NGOs Sue EPA for Extending TSCA Title VI Compliance Dates

Yesterday, the Sierra Club and A Community Voice-Louisiana, represented by Earthjustice, filed a lawsuit challenging the EPA’s decision to extend the TSCA Title VI compliance deadlines.  Among other arguments, the lawsuit claims that EPA failed to meet its statutory obligations under the Formaldehyde Emission Standards for Composite Wood Products Act (the Act) to make the emissions standards “effective beginning on the date that is 180 days after the date of promulgation.”  As the amended December 12, 2018 compliance date exceeds 180 days, the complaint alleges that EPA has exceeded its statutory authority and acted “arbitrarily, capriciously, and contrary” to the Act.

It is too early to tell how and when this suit will be resolved.  Therefore CPA recommends that members continue to progress expeditiously in preparing to meet the new TSCA Title VI requirements.  CPA will monitor developments in this case and report new information as it becomes available.  See Complaint and Sierra Club Press Release.  More Info: Jackson Morrill and Gary Heroux

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