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appealregulation

regulation

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International Fabricare Institute v. U.S. E.P.A., 972 F.2d 384, 35 ERC 1281, 297 U.S.App.D.C. 331, 22 Envtl. L. Rep. 21,385

Facts

The case involved consolidated petitions from various chemical companies and an association of dry cleaning businesses challenging regulations set by the EPA under the Safe Drinking Water Act. The regulations established permissible concentration levels for contaminants in drinking water, specifically targeting dibromochloropropane (DBCP), ethylene dibromide (EDB), and perchloroethylene (perc). The petitioners argued that the EPA made both substantive and procedural errors in formulating these regulations, including claims of inadequate consideration of human epidemiological data and procedural defects in the rulemaking process.

On March 28, 1991, several petitioners filed challenges to the final regulations.

Issue

Did the EPA act arbitrarily and capriciously in setting maximum contaminant level goals for certain chemicals, and did the petitioners have standing to challenge these regulations?

Petitioners raise a general challenge to the EPA policy rejecting the existence of safe threshold levels for carcinogens in the absence of contrary evidence.

Rule

The EPA is required to establish maximum contaminant level goals (MCLGs) at levels that prevent known or anticipated adverse health effects, allowing for an adequate margin of safety, as mandated by the Safe Drinking Water Act.

The Act requires the EPA to set “[e]ach maximum contaminant level goal … at the level at which no known or anticipated adverse effects on the health of persons occur and which allows an adequate margin of safety.”

Analysis

The court found that the EPA's approach in setting MCLGs at zero for known or probable carcinogens was consistent with its statutory obligations and past practices. The agency adequately responded to public comments and provided a reasoned explanation for its decisions, including its reliance on animal studies and the classification of contaminants. The court emphasized the deference owed to the EPA in its scientific determinations, particularly in areas of technical expertise.

The EPA uses MCLGs to establish enforceable MCLs that apply to operators of public water systems.

Conclusion

The Court of Appeals affirmed the EPA's regulations, concluding that the agency's actions were not arbitrary and capricious and that the petitioners had standing to challenge the regulations.

We therefore deny the consolidated petitions in all respects.

Who won?

Environmental Protection Agency (EPA) prevailed as the court upheld its regulations, finding that the agency acted within its authority and adequately justified its decisions.

The EPA promulgated the disputed regulations to implement the Safe Drinking Water Act (“SDWA” 1 or “Act”), 42 U.S.C. §§ 300f – 300j–25 (1988).

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Reeves, Inc. v. Stake, 447 U.S. 429, 100 S.Ct. 2271, 65 L.Ed.2d 244

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R.I.S.E., Inc. v. Kay, 768 F.Supp. 1144, 22 Envtl. L. Rep. 20,200

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