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ARTICLE · 13 MAY 2026

Ninth Circuit Directs EPA To Consider Whether DecaBDE Rule Should Extend To Solid Waste Disposal, Wastewater Treatment, And Biosolids

Beveridge & Diamond, P.C.
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The Ninth Circuit reminded us that TSCA has teeth—and those teeth may apply to the world of recycling, disposal, wastewater, and biosolids. On May 13, 2026, the Ninth Circuit remanded the U.S. Environmental...

United StatesEnvironment
Ryan J. Carra
Ryan J. Carra
Mark N. Duvall
Mark N. Duvall
Elizabeth Nugent Morrow
Elizabeth Nugent Morrow
E.Peter Selimos
E.Peter Selimos

Key Takeaways

What Happened: The Ninth Circuit reminded us that TSCA has teeth—and those teeth may apply to the world of recycling, disposal, wastewater, and biosolids. On May 13, 2026, the Ninth Circuit remanded the U.S. Environmental Protection Agency’s (EPA) 2024 Risk Management Rule regulating decabromodiphenyl ether (decaBDE) under Section 6(a) of the Toxic Substances Control Act (TSCA). The panel determined that the 2024 rule failed to adequately address exposure pathways via solid waste disposal or recycling, wastewater discharge, and biosolids (sometimes called sewage sludge). Because the parties requested remand without vacatur, the 2024 rule remains effective as EPA conducts further proceedings to either promulgate additional regulations or better explain its refusal to refrain from regulating.

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