Government Regulation -- 2017



National Resources Defense Council v. U.S. Consumer Product Safety Commission   (S.D.N.Y.)

Intervention in suit forcing CPSC rulemaking on phthalates

The NAM filed a motion to intervene in a chemical litigation suit against the Consumer Product Safety Commission (CPSC) arguing that the plaintiffs lacked standing because the plaintiffs could not provide evidence that they suffered an injury or future injury. The plaintiffs sued the CPSC after a missed deadline to force the CPSC to move forward with a final rulemaking process to ban certain phthalates from the market. The NAM intervened on behalf of manufacturers. Our brief argued that the plaintiffs could neither establish a showing of credible harm, nor show a link between their alleged harm and the procedural delay in implementing the rule. This litigation forced CPSC to expedite its review process and backtrack on its previously stated view of the amount of time needed to implement a scientifically sound rule. The parties settled the case by signing a consent decree that required the CPSC to vote on a final phthalates rule by October 18, 2017.


Related Documents:
Additional Reply Brief  (May 5, 2017)
Reply Brief  (April 25, 2017)
Motion to Intervene  (April 6, 2017)
Motion to Dismiss  (April 6, 2017)