PEER Files Suit Against EPA Seeking TSCA Section 8(e) Reports: On January 5, 2022, Public Employees for Environmental Responsibility (PEER) announced that it filed suit in the U.S. District Court for the District of Columbia to compel EPA to disclose reports submitted pursuant to TSCA Section 8(e). According to the complaint, PEER submitted a Freedom of Information Act (FOIA) request in November 2021 seeking records demonstrating how EPA deals with Section 8(e) reports. PEER states that it requested both Section 8(e) reports submitted to EPA and internal policies regarding publicly posting and using Section 8(e) reports. PEER notes that its FOIA request “built upon information reported in a November 2021 article in The Intercept noting that EPA had only posted one 8(e) report publicly since 2019 and describing disagreement over how the EPA processes 8(e) reports internally.” PEER asks the court to enter an order declaring that EPA wrongfully withheld requested documents and to issue a permanent injunction directing EPA to disclose all wrongfully withheld documents. More information is available in our January 7, 2022, blog item.
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