Facts

After a coalition of state attorney generals petitioned the Environmental Protection Agency in 2019 to initiate rulemaking on asbestos, the EPA rejected their petition. On February 19, 2019, multiple non-profit corporations filed a public interest suit against the EPA, and Andrew Wheeler, then acting administrator of the EPA, challenging its failure to create a new rule requiring data collection on the importation and use of asbestos. On June 28, 2019, numerous states and their attorney generals, including the State of California, filed a complaint in federal court against EPA regarding the same issue. These cases were then consolidated per a stipulated order. On December 22, 2020, the court found that the EPA's denial of the coalition's petition violated the Toxic Substances Control Act (TSCA) and was arbitrary and capricious under the Administrative Procedure Act. On January 5, 2021, the court entered judgment in favor of plaintiffs and directed EPA to initiate rulemaking to eliminate exemptions for asbestos in the current Chemical Data Reporting rule.

PLAINTIFF CONTENTIONS: Plaintiffs contended that defendant violated the TSCA by failing to regulate asbestos and thus endangering the public health.

DEFENDANT CONTENTIONS: Defendant denied all allegations.

Result

EPA agreed to complete rulemaking by specific deadlines consistent with the court's order and to not appeal the court's ruling.

Other Information

Consolidate with: State of California, by and through Attorney General Rob Bonta, et al. v. U.S. Environmental Protection Agency, et al., Case Number: 3:19-cv-03807-EMC