The Court of Appeals for the Ninth Circuit Upholds EPA’s Process of Review for New PBT Chemicals, Consistent with Keller and Heckman’s Amicus Brief

Yesterday, August 26, 2026, the Court of Appeals for the Ninth Circuit upheld the U.S. Environmental Protection Agency's (EPA) rule, issued in late 2024, in which EPA updated its New Chemicals Regulations under the Toxic Substances Control Act (TSCA). In its ruling, the Court affirmed the Agency’s authority to evaluate persistent, bioaccumulative, and toxic (PBT) new chemicals through exemption requests rather than through the lengthier review process under the premanufacturing notice (PMN) framework.

The Court’s ruling is consistent with the amicus brief submitted in this litigation by Keller and Heckman Partners David Fischer and Eric Gotting on behalf of a major trade association in support of the U.S. Environmental Protection Agency’s (EPA) rule, which allows for exemption requests for certain PBT chemicals. In Alaska Community Action on Toxics v. EPA, environmental groups had argued that EPA should instead require full PMN review for all new PBT chemicals.