Court Strikes Down EPA’s Methylene Chloride Rule

A federal appeals court in September struck down an Environmental Protection Agency (EPA) rule prohibiting most uses of methylene chloride under the Toxic Substances Control Act (TSCA).

The U.S. Court of Appeals for the Fifth Circuit unanimously rejected the 2024 regulation “in the strongest terms, holding that EPA’s risk determination and rule were contrary to law, arbitrary and capricious, and unsupported by substantial evidence,” according to K&L Gates.

“At every juncture of its scientific analysis, EPA has gone with the most extreme position,” the three-judge panel wrote.

The decision could influence challenges to other TSCA rules and has already been cited in litigation over EPA’s trichloroethylene rule, according to Jenner & Block.

EPA has not appealed the ruling and must now revisit the regulation consistent with the court’s decision.

NAPA continues to develop a comprehensive industry guide on using chlorinated solvents in laboratory settings.

Image courtesy of Timothy Holdiness.