A federal appeals court has rejected a lawsuit from petrochemical manufacturers against an EPA rule that targets cancer-causing emissions from chemical plants.
In an opinion issued Tuesday, the U.S. Court of Appeals for the District of Columbia Circuit said Huntsman Petrochemical and other challengers had failed to show fault with EPA’s assessment that ethylene oxide emissions pose unacceptable risk to public health.
“EPA addressed and rejected petitioners’ arguments in detail, and petitioners fail to show that in doing so EPA acted arbitrarily, capriciously, or otherwise contrary to law,” Judge Brad Garcia, a Biden appointee, wrote for the unanimous court. “We therefore deny the petitions for review.”
In 2020, EPA issued a rule to control emissions from chemical manufacturing facilities. The agency had determined that the sources were dangerous to public health because of emissions of ethylene oxide, a gas used to make antifreeze, plastics and other products.
