Ausimont U.S.A., Inc. v. EPA
United States Court of Appeals for the Third Circuit
838 F.2d 93 (1988)

- Written by Darius Dehghan, JD
Facts
The workers at factories owned by Ausimont U.S.A., Inc. (Ausimont) (plaintiff) were exposed to chemicals called fluoroalkenes. There was evidence indicating that fluoroalkenes were carcinogenic. Although the exposure of Ausimont workers to fluoroalkenes typically took place during brief episodes of relatively high exposure, this exposure carried the same degree of health risk as exposure to a low-dose carcinogen over a lifetime. Pursuant to the Toxic Substances Control Act (TSCA), the Environmental Protection Agency (EPA) (defendant) enacted a regulation requiring Ausimont to conduct testing of fluoroalkenes in order to determine their possible health consequences. Subsequently, Ausimont filed a petition for judicial review, contending that the EPA lacked authority under the TSCA to enact the regulation. The court of appeals had original jurisdiction to hear the case.
Rule of Law
Issue
Holding and Reasoning (Weis, J.)
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