A federal judge has granted a plaintiffs’ motion compelling the U.S. Environmental Protection Agency to produce the administrative record in a Toxic Substances Control Act lawsuit accusing the EPA of repeatedly violating the statute’s information disclosure requirements.
Finding most of the plaintiffs’ claims are “reviewable agency actions” under the Administrative Procedure Act, U.S. District Judge Loren L. AliKhan on Tuesday ruled an administrative record is “required as to all counts” except one alleging agency inaction on the EPA’s alleged failure to place premanufacture notice or PMN applications in an online docket.