EPA Moves for Voluntary Remand, Seeks to Reconsider PMNs in Cherokee Concerned Citizens

On September 20, 2024, the U.S. Environmental Protection Agency (EPA) filed a motion in the U.S. Court of Appeals for the District of Columbia Circuit for a voluntary remand of the case brought by Cherokee Concerned Citizens or review of an Order for a New Chemical Substance under Section 5 of the Toxic Substances Control Act (TSCA). Cherokee Concerned Citizens v. EPA (No. 23-1096). EPA states that it wishes to withdraw the Order and reconsider the 18 premanufacture notices (PMN) covered by the Order. According to EPA, Cherokee Concerned Citizens does not oppose EPA’s request for remand but rather supports remand with vacatur. The petitioner intends to file a response to EPA’s motion by September 30, 2024.

In its motion, EPA states that it “‘has doubts about the correctness of its decision’” and seeks remand of the Order “so that it may ‘reconsider its previous position.’” EPA intends to withdraw the Order, reconsider, and, if appropriate, revise the determinations required by TSCA Section 5. In its reconsideration, EPA will consider the issues raised in a 2023 document entitled “Chevron Waste Plastics Risk Summary and Characterization” that was prepared after the Order was signed, as well as additional issues raised by the petitioner. As we reported at the time, we believed the risk determinations were wildly exaggerated and are pleased EPA has agreed to reconsider its position.