Food & Water Watch, Inc. v. U.S. Envtl. Prot. Agency

EDWARD M. CHEN, United States District Judge

The Toxic Substances Control Act ("TSCA")'s Section 6(a) requires Defendant *1036United States Environmental Protection Agency ("EPA") to regulate the use of certain chemical substances that it determines pose an unreasonable risk to health or the environment. 15 U.S.C. § 2605(a). Section 6(b) requires the EPA to perform its own sua sponte evaluation of the risks posed by certain chemical substances "under the conditions of use." 15 U.S.C. § 2605(b)(4)(A). The statute defines the "conditions of use" as "the circumstances, as determined by the…