FOR IMMEDIATE RELEASE ENR
THURSDAY, MAY 2, 1996 (202) 514-2008
TDD (202) 514-1888
COURT REJECTS CHEMICAL INDUSTRY CHALLENGE, UPHOLDS PUBLIC'S
RIGHT-TO-KNOW ABOUT TOXIC CHEMICALS
WASHINGTON, D.C. -- The U.S. District Court in Washington,
D.C., late yesterday, rejected a challenge by America's chemical
industry, including the Chemical Manufacturer's Association, to
the Environmental Protection Agency's expansion of its list of
potentially harmful chemicals, also known as the Toxic Release
Inventory.
In 1995, major chemical trade groups sued the EPA after it
issued a rule adding 286 chemicals to the Toxic Release
Inventory. Chemical companies opposed this rule, because it
would required them to make available to the public reports on
their use of such potentially harmful substances and the release
of such substances into the environment.
"This is an outstanding victory for the American people and
reaffirms that the public has a right to know about possible
hazards in the community. We are very pleased," said Lois J.
Schiffer, Assistant Attorney General in charge of the Justice
Department's Environment and Natural Resources Division.
"This is an important victory for every citizen of this
nation. The Court has reaffirmed the public's right to know
about the toxic chemicals that can affect their very lives.
Putting information about toxic pollution into the hands of the
public is one of the strongest measures that can be taken to
ensure cleaner air, safer drinking water and a healthy
environment. This Administration will continue to vigorously
defend and expand this basic right and fundamental value," said
EPA Administrator Carol M. Browner.
With respect to industry's contention that EPA lacked the
scientific basis to add particular chemicals, the Court ruled
that EPA "went to great lengths to separately evaluate each and
every chemical on the basis of the relevant data" and that "EPA
scientists and technical staff devoted enormous amounts of time
to the scientific evaluations that formed the basis of the
listing decisions." The Court also upheld EPA's decision not to
consider the potential for exposure before adding chemicals to
the Inventory. The Court agreed with EPA's determination that it
is more appropriate to list a chemical based on its toxic effects
because the public will have access to the relevant information -
- including the uses and releases of such potentially harmful
chemicals -- which will enable local communities to consider
their own exposure to such substances.
Companies handling any of the 286 added chemicals are
required to submit their first report on August 1, 1996, and will
report annually thereafter.
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