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ARTICLE · 30 OCTOBER 2026

The East Fork Decision: Key Findings and Implications for the TSCA Program

The U.S. Court of Appeals for the Fifth Circuit's decision in East Fork Enterprises v. EPA vacated the agency's methylene chloride risk management rule and underlying unreasonable risk determination, establishing new precedents for how EPA must conduct chemical risk assessments under the Toxic Substances Control Act. The ruling addresses critical issues including the requirement for condition-specific risk evaluations, consideration of personal protective equipment, and the legal standard for determining un

United StatesEnvironment

On September 15, 2026, the U.S. Court of Appeals for the Fifth Circuit issued its decision in East Fork Enterprises v. EPA (No. 24-60227, consolidated with No. 24-60256) — a challenge to the U.S. Environmental Protection Agency’s (EPA) actions on methylene chloride (MC) under the Toxic Substances Control Act (TSCA). The court vacated EPA’s 2024 MC risk management rule and underlying “unreasonable risk” determination, remanding both back to EPA for further review. Beyond those immediate impacts, however, the court’s findings on key TSCA legal, policy, and scientific issues are likely to have significant and far-reaching implications for the TSCA program moving forward. Those key findings and implications are summarized below. A more detailed discussion of the decision is also available in our full memorandum.

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