Natural Resources Defense Council, Inc. v. United States Environmental Protection Agency, No. 18-2121 (2d Cir. 2020)Annotate this Case
The NRDC and the State of Vermont seek review of certain provisions of a rule promulgated by the EPA, pursuant to the Toxic Substances Control Act, that requires manufacturers to report information about their use of mercury. Specifically, petitioners argue that three exemptions for categories of manufacturers and importers are unlawful.
The Second Circuit denied review of the exemption for manufacturers of assembled products with mercury-added components at 40 C.F.R. 713.7(b)(3) and the partial exemption for high-volume manufacturers at 40 C.F.R. 713.9(a). The court held that these exemptions are reasonable in light of Congress's directive to the EPA to avoid requiring duplicative or unnecessary reporting. However, the court granted review of and vacated the exemption for importers of assembled products with mercury-added components at 40 C.F.R. 713.7(b)(2), finding that the EPA failed to provide a reasoned explanation for this exemption.