Lauren Gates Quoted in Inside TSCA Article on 5th Circuit’s Ruling Regarding Methylene Chloride Rule

Keller and Heckman Counsel Lauren Gates was quoted in the Inside TSCA article, “5th Circuit’s ‘Brutal’ Ruling Again Upends EPA’s TSCA Risk Evaluations.” The article examines the Fifth Circuit’s decision to vacate the U.S. Environmental Protection Agency’s (EPA) Toxic Substances Control Act (TSCA) risk management rule for methylene chloride, a ruling that could significantly affect how the agency conducts chemical risk evaluations under TSCA. 

Lauren described the ruling as “brutal” and said it will have “ripple effects throughout the entire agency.” She emphasized the uncertainty facing EPA, noting, “I really don’t know what they are going to do. I don’t think they were expecting it to go this far.” Lauren believes EPA will likely need to take its methylene chloride evaluation “completely back to the beginning” and revisit each risk determination.

Lauren also characterized the decision as a “complete teardown” of EPA’s risk evaluation process, particularly because the court rejected approaches EPA has used across multiple TSCA reviews. She warned that while some industry groups may welcome the decision, “We don’t want everything tied up longer and here they are with everything tied up longer. Be careful what you wish for.”

Looking ahead, Lauren said the ruling has “wide implications for everything right now in the TSCA space,” adding that EPA faces “just so many questions” and that “no one had a plan for this.” She also indicated she would be “shocked” if the Trump EPA appealed the decision, arguing that the ruling largely aligns with policy changes the agency was already considering and may accelerate issuance of its revised TSCA framework rule.

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