TSCA Confidentiality Protections Upheld By D.C. Circuit Court

In a landmark decision, the D.C. Circuit Court invalidated an aspect of a U.S. Environmental Protection Agency (EPA) rule concerning confidential business information (CBI) under the Toxic Substances Control Act (TSCA). The December 20, 2024 opinion denied the petition for review filed by the Environmental Defense Fund (EDF) and granted the petition for review filed by the American Chemistry Council (ACC) and American Fuel and Petrochemical Manufacturers (AFPM) requesting review of EPA's final rule which updated the requirements concerning the assertion and treatment of CBI, 40 C.F.R. Part 703 and related regulations.

The court agreed with ACC and AFPM and vacated the EPA's rule to the extent it requires entities reporting by non-confidential accession numbers and without knowing the underlying chemical identity to assert CBI claims for the underlying chemical identity to maintain its confidentiality. The ruling also upholds EPA's definition of "health and