A Community Voice v. EPA, No. 16-72816 (9th Cir. 2017)Annotate this Case
The Ninth Circuit granted a petition for writ of mandamus in an action filed by environmental groups seeking to compel the EPA to act upon a rulemaking petition it granted eight years ago concerning dust-lead hazard and lead-paint standards. The panel held that the EPA had a duty to act under the Toxic Substances Control Act (TSCA) and the amendments to it from the Paint Hazard Act, as well as the Administrative Procedure Act (APA). Furthermore, the TRAC factors (Telecomms. Research & Action Ctr. v. FCC, 750 F.2d 70, 75 (D.C. Cir. 1984)) favor issuance of the writ in this case. The panel ordered that the EPA issue a proposed rule within ninety days of the date that this decision becomes final; EPA promulgate the final rule within one year after the promulgation of the proposed rule; and the deadlines for both the proposed rule and the final rule will only be modified if EPA presents new information showing modification is required.