Arkema v. EPA (Third Circuit)

In this case, our client Arkema petitioned for review from a final rule, in which the Environmental Protection Agency (EPA) designated for testing in its Endocrine Disruptor Screening Program certain chemicals based on their physical and chemical properties. Arkema argued in its brief that the final rule violated basic principles of rational, nonarbitrary agency decisionmaking because EPA had failed to define the statutory terms at issue and had applied inappropriate criteria for including chemicals in the testing program. Arkema also argued that in designating two of its chemicals for testing, HCFC-22 and hydrazine, EPA had acted contrary to the requirements of the Safe Drinking Water Act, the statute under which the rule was promulgated, and had ignored its own criteria for designating chemicals in the testing program. After receiving our opening brief, EPA confessed error and asked the Third Circuit to vacate Arkema’s chemicals from the list, which the court promptly did.