Fifth Circuit Strikes Down EPA’s Methylene Chloride Rule
An appellate court vacated the EPA’s 2024 rule limiting methylene chloride, ordering the agency to redo its risk assessment in strict accordance with TSCA.
On September 15, 2026, the U.S. Court of Appeals for the Fifth Circuit vacated the Environmental Protection Agency’s (EPA) 2024 methylene‑chloride risk‑management rule under the Toxic Substances Control Act (TSCA). The court found EPA’s "whole‑chemical" approach—collapsing all uses into a single risk assessment—violated TSCA’s requirement to evaluate unreasonable risk conditionally for each use. It also rejected EPA’s reliance on worker exposure data and argued that the agency ignored benefits, economic consequences, and feasible alternatives, rendering the prohibition of most consumer and limited commercial uses arbitrary and capricious. The decision mandates that EPA conduct a rigorous review of all available scientific information and remake the rule within statutory limits. Major clients in manufacturing, chemical distribution, and consumer products must watch EPA’s response, as the vacated rule removed a compliance burden that had impacted product formulations, labeling, and workplace safety protocols nationwide. The ruling signals a shift toward stricter statutory compliance and may prompt widespread revisions to chemical risk assessments.