Natural Resources Defense Council, et al. v. U.S. Environmental Protection Agency
Natural Resources Defense Council, et al. v. U.S. Environmental Protection Agency (U.S. Court of Appeals, Second Circuit, June 5, 2020): The court vacated an Environmental Protection Agency (EPA) rule exempting importers from reporting products that have components containing mercury. EPA alleged that the rule eliminated duplicative reporting and would not result in importation of significant amounts of unreported mercury. Mercury, which can cause serious negative health impacts, is regulated under the Toxic Substances Control Act (TSCA), which requires manufacturers to report products that contain mercury. The court found that the exemption contradicts EPA’s obligation under TSCA to collect information about the volume of mercury in products in the U.S. Absent importers disclosing the information, EPA would not be able to fulfill its obligations under TSCA. The court found that EPA did not offer reasoned justification for the exemption. Read the full opinion here.