WASHINGTON (September 16, 2026) – The American Chemistry Council (ACC) issued the following statement today on the Fifth Circuit’s decision regarding methylene chloride:
“America’s chemical manufacturers welcome the Court’s decision, which reinforces that TSCA decisions must be grounded in science, evidence, and real-world conditions. We appreciate the current EPA's efforts to bring greater transparency, stakeholder engagement, and regulatory certainty to TSCA implementation, and this ruling provides an important foundation for that work.
“For years, ACC has maintained that TSCA requires EPA to evaluate and manage risk based on individual conditions of use and the best available science, including consideration of existing workplace protections and real-world exposure information. The Court agreed, rejecting EPA’s improper ‘whole chemical’ approach and affirming that risk determinations must consider individual conditions of use, including proven workplace protections such as personal protective equipment. The Court highlighted the need for EPA’s risk management approach to consider current OSHA standards and exposure limits as well as the economic consequences of restrictions. The ruling makes clear that TSCA is designed to manage unreasonable risk through targeted, evidence-based regulation and is not a zero-risk statute.
"Importantly, this decision addresses policy interpretations adopted during the previous Administration's implementation of TSCA, giving EPA and stakeholders important clarity for future TSCA reviews. It emphasizes that chemical evaluations must be based on the statute, sound science, and practical risk-management principles. ACC looks forward to continuing to work with EPA and other stakeholders to support a science-based approach that protects workers and communities, promotes innovation, and strengthens American competitiveness.”
