SAFER CHEMICALS, HEALTHY FAMILIES; Alaska Community Action on Toxics; Environmental Health Strategy Center; Environmental Working Group; Learning Disabilities Association of America; Sierra Club; Union of Concerned Scientists; United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO/CLC; WE ACT for Environmental Justice; Asbestos Disease Awareness Organization; Vermont Public Interest Research Group, Petitioners,
v.
U.S. ENVIRONMENTAL PROTECTION AGENCY; Andrew Wheeler, Administrator, United States Environmental Protection Agency, Respondents,
American Chemistry Council; American Coatings Association; American Coke and Coal Chemicals Institute; American Forest & Paper Association; American Fuel & Petrochemical Manufacturers; American Petroleum Institute; Battery Council International; Chamber of Commerce of the United States of America; EPS Industry Alliance; IPC International, Inc., doing business as IPC Association Connecting Electronics Industries; National Association of Chemical Distributors; National Mining Association; Polyurethane Manufacturers Association; Silver Nanotechnology Working Group; Society of Chemical Manufacturers and Affiliates; Styrene Information and Research Center; Utility Solid Waste Activities Group, Respondents-Intervenors.
Environmental Defense Fund, Petitioner,
v.
U.S. Environmental Protection Agency; Andrew Wheeler, Administrator, United States Environmental Protection Agency, Respondents,
American Chemistry Council; American Coatings Association; American Coke and Coal Chemicals Institute; American Forest & Paper Association; American Fuel & Petrochemical Manufacturers; American Petroleum Institute; Battery Council International; Chamber of Commerce of the United States of America; EPS Industry Alliance; IPC International, Inc., doing business as IPC Association Connecting Electronics Industries; National Association of Chemical Distributors; National Mining Association; Polyurethane Manufacturers Association; Silver Nanotechnology Working Group; Society of Chemical Manufacturers and Affiliates; Styrene Information and Research Center; Utility Solid Waste Activities Group, Respondents-Intervenors.
Alliance of Nurses for Healthy Environments; Cape Fear River Watch; Natural Resources Defense Council, Petitioners,
v.
U.S. Environmental Protection Agency, Respondent,
American Chemistry Council; American Coatings Association; American Coke and Coal Chemicals Institute; American Forest & Paper Association; American Fuel & Petrochemical Manufacturers; American Petroleum Institute; Battery Council International; Chamber of Commerce of the United States of America; EPS Industry Alliance; IPC International, Inc., doing business as IPC Association Connecting Electronics Industries; National Association of Chemical Distributors; National Mining Association; Polyurethane Manufacturers Association; Silver Nanotechnology Working Group; Society of Chemical Manufacturers and Affiliates; Styrene Information and Research Center; Utility Solid Waste Activities Group, Respondents-Intervenors.
Alliance of Nurses for Healthy Environments; Cape Fear River Watch; Natural Resources Defense Council, Petitioners,
v.
U.S. Environmental Protection Agency, Respondent,
American Chemistry Council; American Coatings Association; American Coke and Coal Chemicals Institute; American Forest & Paper Association; American Fuel & Petrochemical Manufacturers; American Petroleum Institute; Battery Council International; Chamber of Commerce of the United States of America; EPS Industry Alliance; IPC International, Inc., doing business as IPC Association Connecting Electronics Industries; National Association of Chemical Distributors; National Mining Association; Polyurethane Manufacturers Association; Silver Nanotechnology Working Group; Society of Chemical Manufacturers and Affiliates; Styrene Information and Research Center; Utility Solid Waste Activities Group, Respondents-Intervenors.
Environmental Defense Fund, Petitioner,
v.
U.S. Environmental Protection Agency; Andrew Wheeler, Administrator, United States Environmental Protection Agency, Respondents,
American Chemistry Council; American Coatings Association; American Coke and Coal Chemicals Institute; American Forest & Paper Association; American Fuel & Petrochemical Manufacturers; American Petroleum Institute; Battery Council International; Chamber of Commerce of the United States of America; EPS Industry Alliance; IPC International, Inc., doing business as IPC Association Connecting Electronics Industries; National Association of Chemical Distributors; National Mining Association; Polyurethane Manufacturers Association; Silver Nanotechnology Working Group; Society of Chemical Manufacturers and Affiliates; Styrene Information and Research Center; Utility Solid Waste Activities Group, Respondents-Intervenors.
Safer Chemicals, Healthy Families; Alaska Community Action on Toxics; Environmental Health Strategy Center; Environmental Working Group; Learning Disabilities Association of America; Sierra Club; Union of Concerned Scientists; United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO/CLC; WE ACT for Environmental Justice; Asbestos Disease Awareness Organization; Vermont Public Interest Research Group, Petitioners,
v.
U.S. Environmental Protection Agency; Andrew Wheeler, Administrator, United States Environmental Protection Agency, Respondents,
American Chemistry Council; American Coatings Association; American Coke and Coal Chemicals Institute; American Forest & Paper Association; American Fuel & Petrochemical Manufacturers; American Petroleum Institute; Battery Council International; Chamber of Commerce of the United States of America; EPS Industry Alliance; IPC International, Inc., doing business as IPC Association Connecting Electronics Industries; National Association of Chemical Distributors; National Mining Association; Polyurethane Manufacturers Association; Silver Nanotechnology Working Group; Society of Chemical Manufacturers and Affiliates; Styrene Information and Research Center; Utility Solid Waste Activities Group, Respondents-Intervenors.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted May 16, 2019 Seattle, Washington.
Filed November 14, 2019.
Attorney(s) appearing for the Case
Sarah C. Tallman (argued), Natural Resources Defense Council, Chicago, Illinois; Nancy S. Marks , Natural Resources Defense Council, New York, New York; for Petitioners Alliance of Nurses for Healthy Environments; Cape Fear River Watch; and Natural Resources Defense Council.
Robert M. Sussman , Sussman and Associates, Washington, D.C.; for Petitioners Safer Chemicals, Healthy Families; Asbestos Disease Awareness Organization; and Vermont Public Interest Research Group.
Robert P. Stockman , Environmental Defense Fund, Washington, D.C.; for Petitioner Environmental Defense Fund.
Eve C. Gartner , Earthjustice, New York, New York; Tosh Sagar , Earthjustice, Washington, D.C.; for Petitioners Alaska Community Action on Toxics; Environmental Health Strategy Center; Environmental Working Group; Learning Disabilities Association of America; Sierra Club; Union of Concerned Scientists; and WE ACT for Environmental Justice.
Randy S. Rabinowitz , OSH Law Project LLC, Washington D.C.; for Petitioner United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO/CLC.
Samara M. Spence (argued) and Erica M. Zilioli , Environmental Defense Section, Environment and Natural Resources Division, United States Department of Justice, Washington, D.C.; Jonathan D. Brightbill , Deputy Assistant Attorney General; Jeffrey H. Wood , Acting Assistant Attorney General; Laurel Celeste , Office of the General Counsel, United States Environmental Protection Agency, Washington, D.C.; for Respondents.
Peter D. Keisler (argued), Samuel B. Boxerman , Timothy K. Webster , C. Frederick Beckner III , Judah Prero , and Samina M. Bharmal , Sidley Austin LLP, Washington, D.C.; for Respondents-Intervenors American Chemistry Council; American Coke and Coal Chemicals Institute; American Petroleum Institute; American Forest & Paper Association; American Fuel & Petrochemical Manufacturers; Chamber of Commerce of the United States Of America; EPS Industry Alliance; IPC International, Inc.; National Association of Chemical Distributors; National Mining Association; and Silver Nanotechnology Working Group.
Richard Moskowitz and Taylor Hoverman , American Fuel & Petrochemical Manufacturers, Washington, D.C.; for Respondent-Intervenor American Fuel & Petrochemical Manufacturers.
Steven P. Lehotsky and Michael B. Schon , U.S. Chamber Litigation Center, Washington, D.C.; for Respondent-Intervenor Chamber of Commerce of the United States of America.
David S. Muraskin and Leah M. Nicholls , Public Justice P.C., Washington, D.C.; for Amici Curiae American Academy of Pediatrics, the American College of Obstetricians and Gynecologists, and the American Public Health Association.
Paul Olszowka , Barnes & Thornburg LLP, Chicago, Illinois; for Amicus Curiae People for the Ethical Treatment of Animals.
Before: Diarmuid F. O'Scannlain and Michelle T. Friedland, Circuit Judges, and William H. Pauley III, District Judge.
OPINION
FRIEDLAND, Circuit Judge:
Petitioners, a variety of environmental groups and other organizations, seek review of a rule promulgated by the United States Environmental Protection Agency ("EPA" or "the Agency") establishing a process to evaluate the health and environmental risks of chemical substances. EPA promulgated the "Risk...
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