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Asbestos Disease Awareness Organization, et al. v. U.S. Environmental Protection Agency

Court:
Northern District of California
Subject Matter:
Environmental/Land Use
Procedural Posture:
Motion to Dismiss
Last Updated:
  • Asbestos Disease Awareness Organization, et al. v. U.S. Environmental Protection Agency
    Asbestos Disease Awareness Organization, et al. v. U.S. Environmental Protection Agency
    Asbestos Disease Awareness Organization, et al. v. U.S. Environmental Protection Agency, C19-cv-0871-EMC, Environmental/Land Use, Motion to Dismiss, 09/05/2019, 1:30PM, Philip Burton U.S. Courthouse & Federal Building, San Francisco, CA, Honorable Edward M. Chen presiding.

    Asbestos Disease Awareness Organization, et al. v. U.S. Environmental Protection Agency, C19-cv-0871-EMC, Environmental...

Case Summary: C19-cv-0871-EMC

This case involves a challenge to denial by the EPA of an administrative petition under section 21 of the Toxic Substances Control Act (“TSCA”), 15 U.S.C. § 2620. In the petition, Plaintiffs requested that EPA make specific amendments to the Chemical Data Reporting (“CDR”) rule to require additional reporting for asbestos. In their complaint, Plaintiffs seek judicial review of EPA’s petition denial pursuant to TSCA section 21 and under section 706 of the Administrative Procedure Act (“APA”), 5 U.S.C. § 706. Defendants moved to dismiss, arguing that the APA limits judicial review of agency action to those for which there is “no other adequate remedy in a court” (citing 5 U.S.C. § 704) and that plaintiffs have an adequate legal remedy for review of EPA’s petition. 

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