|D.C. Circuit Orders MEK Off Toxics Release Inventory (TRI) List
|On May 10, 2005, the U.S. Court of Appeals for the District of Columbia
Circuit ruled that U.S. EPA wrongly denied a petition to remove methyl
ethyl ketone (MEK) from the list of "toxic" chemicals for which reporting is
required under the Emergency Planning and Community Right-to-Know Act
(EPCRTKA). American Chemistry Council v. Johnson, No. 04-5189.
The opinion rejected EPA's interpretation of EPCRTKA that a chemical is
"toxic" if it contributes to the formation in the atmosphere of ozone.
Because MEK did not meet any other criteria for being included on EPA's list
of "toxic" chemicals for which annual release reporting to the Toxic Release
Inventory (TRI) is required, the Circuit Court remanded the case to the D.C.
District Court, to direct EPA to remove MEK from the TRI list. This decision
may open the way for delisting of other chemicals included on the TRI list
primarily because of their role as ozone precursors.
|February 2005 – Oral argument in the D.C. Circuit case reviewing EPA’s
12/31/02 New Source Review reform regulations might provide insights into
the future of those reforms. (Click Here)
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|Oral Argument in Challenge to NSR Reform Regulations