https://www.carolinajournal.com/federal-appeals-court-rejects-lawsuit-against-epa-over-pfas-testing/

The 4th US Circuit Court of Appeals has rejected four environmental groups’ lawsuit against the US Environmental Protection Agency over PFAS testing. The groups had argued that the federal agency had effectively denied a petition to test certain chemicals at a Chemours plant south of Fayetteville.

The split 2-1 ruling Monday affirms a decision from US District Judge Richard Myers favoring the EPA.

“This litigation concerns the Toxic Substances Control Act (the ‘TSCA’), which allows citizens to petition the Administrator of the Environmental Protection Agency (the ‘EPA’) to initiate a proceeding for the issuance of a rule or order requiring the testing of certain chemical substances,” wrote Appeals Court Judge Steven Agee. “If the EPA denies that petition, the petitioner is entitled to a de novo review by a district court. If, however, the EPA grants the petition, a district court lacks jurisdiction to review the petition.”