Earthjustice announced on September 18, 2023, that environmental justice and health advocates have filed suit in the U.S. District Court for the District of Columbia against the U.S. Environmental Protection Agency (EPA) “for missing statutory deadlines to complete risk evaluations for 22 toxic chemicals released in high volumes in fenceline communities and found in many everyday consumer products.” Earthjustice states that “EPA initiated risk evaluations for the nearly two dozen toxic flame retardants, solvents, plasticizers, and fuel additives more than three and a half years ago but still needs to complete them. EPA’s inaction delays regulating the chemicals under the Toxic Substances Control Act (TSCA).”

According to Earthjustice, the chemicals with overdue risk evaluations include known carcinogens and substances that can harm people’s development and reproductive systems. TSCA set statutory deadlines for EPA that passed in June and July 2023. Earthjustice asks the court to establish a binding timeline for EPA to comply with its chemical risk evaluation obligations under TSCA. Earthjustice filed the lawsuit on behalf of the Community In-Power and Development Association, Learning Disabilities Association of America, Louisiana Environmental Action Network, Sierra Club, and Texas Environmental Justice Advocacy Services.