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Court Rules to Vacate TSCA Title VI Extension Date; Seeks Input on Alternative Compliance Date

On February 16, Judge Jeffrey White issued his opinion in the Sierra Club et al. v. Scott Pruitt case, deciding to vacate the rule that had extended the TSCA Title VI compliance date to December 12, 2018, but temporarily stay the order to allow for Parties to negotiate an alternative compliance date.  In his opinion, the Judge agreed with the Plaintiffs that Congress intended for the emissions limits to go into effect 180 days after issuance of the TSCA Title VI regulations.  The Judge also rejected the EPA’s waiver argument that the Plaintiffs had failed to exhaust their administrative remedies by not commenting on the proposed extension to the compliance deadline. 

The Parties have until March 9, 2018 at 4 pm to meet and confer on an alternative compliance date, and then submit either a joint proposed submission or simultaneous briefs.  The Federal Government may also decide to appeal this case, although this possibility is remote.  As an amicus, CPA has conveyed to the Justice Department its concerns regarding the timing of the compliance date and will continue to remain engaged and track this process closely.  See Court Opinion.  More Info: Jackson Morrill

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