Food & Water Watch, Inc. v. Environmental Protection Agency

Good Law
United States District Court, Northern District of CaliforniaMay 11, 20213:17-cv-02162California5,666 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 FOOD & WATER WATCH, INC., et al., Case No. 17-cv-02162-EMC

Plaintiffs,

ORDER GRANTING PLAINTIFFS’

v. MOTION FOR LEAVE TO

SUPPLEMENT COMPLAINT

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, et al., Docket No. 279 11 Defendants.

13 14 Section 6(a) of The Toxic Substances Control Act (TSCA) requires Defendant United States Environmental Protection Agency (EPA) to regulate the use of certain chemical substances that it determines pose an unreasonable risk to health or the environment. 15 U.S.C. § 2605(a). Section 6(b), in turn, requires the EPA to perform its own sua sponte evaluation of the risks posed by certain chemical substances “under the conditions of use.” Id. § 2605(b)(4)(A). The statute defines the “conditions of use” as “the circumstances, as determined by the Administrator, under which a chemical substance is intended, known, or reasonably foreseen to be manufactured, processed, distributed in commerce, used, or disposed of.” Id. §…

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