Labor and enviros unite on TCE
Labor unions and environmental groups reversed course and formed a joint front in an EPA case targeting trichloroethylene, pushing back on industry attempts to block a potential ban. The alliance is being cited as a replicable cross‑issue model for state‑level workplace safety and pollution campaigns. (eenews.net)
United Steelworkers and the United Auto Workers filed a motion in the U.S. Court of Appeals for the Third Circuit asking to withdraw their direct petitions for review of EPA’s TCE risk‑management rule while seeking leave to remain as intervenors defending specific provisions. (E&E News / Politico Pro (subscriber.politicopro.com)) Thirteen separate petitions for review of EPA’s December 17, 2024 final TCE rule were consolidated and transferred to the Third Circuit by the Judicial Panel on Multidistrict Litigation. (Environmental Law Institute docket summary (eli.org)) Industry challengers include trade groups such as the Texas Chemistry Council, the American Chemistry Council, the American Fuel & Petrochemical Manufacturers and the American Petroleum Institute, plus company petitioners like Olin Corporation and the Alliance for a Strong U.S. Battery Sector. (Lexology summary / JD Supra roundup (lexology.com); Federal Register TCE final rule (federalregister.gov)) EPA’s docket shows the agency published the final TCE rule on Dec. 17, 2024, the Third Circuit left a temporary administrative stay in place in January 2025 and the agency posted status updates as it adjusted effective dates and responded to consolidated litigation. (Federal Register final rule (federalregister.gov); EPA status update (epa.gov)) Unions have cited a separate agreement they reached with PPG Industries — negotiated last year over workplace protections tied to certain exemption conditions — as a potential “roadmap” for settling disputes with other industry parties while the agency reconsiders exemption terms. (InsideEPA analysis (insideaepa.com); PPG Section 21 petition materials (epa.gov)) Legal filings and court orders now centralize whether EPA’s section 6(g) exemptions — notably the time‑limited processing‑aid exemption for battery‑separator manufacturing — and the agency’s interim inhalation exposure level will survive industry factual challenges. (Federal Register final rule (federalregister.gov); Alliance/Microporous petition (epa.gov))
