Erik Baptist Comments on Lawsuit Challenging EPA’s Risk Evaluation of Methylene Chloride

January 27, 2021

Erik C. Baptist, partner in Wiley’s Environment & Product Regulation Practice, provided insight to Bloomberg Law Environment & Energy Report in coverage of a lawsuit challenging a chemical risk evaluation conducted by the U.S. Environmental Protection Agency (EPA) under the amended Toxic Substances Control Act (TSCA).

Mr. Baptist’s comments were in response to an opening brief filed in the Ninth Circuit this week by 12 state attorneys general and the city of New York, according to the January 26 article. These petitioners are seeking to vacate final conclusions the EPA reached last year on the risks of the industrial chemical methylene chloride.

Mr. Baptist said the Biden Administration may ask the Ninth Circuit to pause the case. He noted that new presidential administrations typically ask courts to put such lawsuits on hold while they decide what their positions will be.

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