D.C. Circuit Vacates EPA's Bird Testing Requirement for Seven Chemical Manufacturers

Jul 5, 2024, 10:29 PM

A federal appeals court has vacated an EPA order that required seven chemical manufacturers and processors to perform new tests to determine whether a petrochemical solvent is toxic to birds. The D.C. Circuit sided with an industry trade group, finding the EPA had failed to provide substantial evidence for the necessity of the new tests. This decision marks the first judicial opinion about a power Congress first granted the agency in 2016.