July 22, 2024
Lynn L Bergeson, Kelly N Garson, “Loper Bright and TSCA: Will the demise of Chevron matter?,” Chemical Watch, July 22, 2024.
The standard of judicial review for most critical TSCA determinations under section 19 is “substantial evidence in the record taken as a whole”. This is a tough standard, considerably more rigorous than the Administrative Procedure Act (APA) standard under section 706, where agency action will be set aside if it is “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” The recent Loper Bright decision overturning Chevron has...