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Litigation

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Legal Challenge to EPA Dioxin Reassessment is Settled
Plaintiffs and EPA have agreed to settle the legal challenge to the agency's Dioxin Reassessment. However, plaintiffs note there is still potential for a challenge to the Reassessment under the Data Quality Act. With this litigation-related barrier removed, EPA may move rapidly to release the final Dioxin Reassessment for interagency review. The Chairman of EPA's Appropriations Committee in the House has requested that the agency defer release of the Dioxin Reassessment until the National Academy of Sciences has had time to complete an important related study. CRE is informed that the Risk Assessment may state that dioxin has adverse effects at or below background levels. If that is indeed the conclusion of the Reassessment, this will have major implications for the national food supply.

  • Click to review read Settlement Agreement
  • Click to read the letter to EPA from Congressman Walsh
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    • Appeals Court Ruling May Aid Challenge to EPA Dioxin Review

    D.C. Court Of Appeals Rules In Tozzi V. NTP That When An Agency Issues A Pejorative Statement, The Statement Is Judically Reviewable: Major Implications For The Data Quality Act
    This case holds that a corporation can sue when an agency makes a pejorative statement against a corporation, product, or person, before such a statement is incorporated in a final rule. This opinion will have a major impact on the Data Quality Law because an agency denial of a petition for correction will be reinforced by the standing and reviewability criteria in this opinion. Notwithstanding the courts deference to an agency's interpretation of its own rules, the opinion sets a major precedent on both a government-wide basis and for EPA's upcoming dioxin reassessment in particular.

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    Member of CRE Board of Advisors Initiated Litigation on NTP Report on Listing of Dioxin
    A member of the CRE Board of Advisors has initiated litigation on the NTP report on the listing of Dioxin as a known human carcinogen. The details for this litigation are set forth in the Issues Section entitled "HHS/NTP Report on Carcinogens." By clicking to that issues section on the homepage and then examining Tozzi v. DHHS, the details of the action are documented in detail.

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    • Court Reviews RoC, Holds Plaintiff in Tozzi v. HHS Has Standing
    Judge Emmet Sullivan ruled that a PVC manufacturer had standing to challenge a proposed upgraded listing for dioxin in the 9th Report on Carcinogens. The court's September 30, 2000 opinion also ignored government arguments that the RoC is not judicially reviewable. This aspect of the decision sets important precedent for review of risk assessments and similar so-called "informational" agency actions. The court sided with the agency on its interpretation of the RoC listing criteria, however, a decision plaintiffs are appealing.

  • Read Judge Sullivan's Opinion  (get plug-in)
  • Read More About This and Other Tozzi Suits
  • Read More About This Suit, Including Briefs

    Court May Stay 9th RoC "Known Carcinogen" Listing in Tozzi v. HHS
    Judge Emmet Sullivan indicated at a hearing June 14 that he may stay the government's listing of dioxin as a "known" human carcinogen in the 9th Report on Carcinogens -- even if he found in favor of NTP on the merits of the case -- in order to give CRE Advisory Board Member Jim Tozzi and the other plaintiffs a chance to appeal the decision. The judge took the matter under advisement following the argument, noting he would give the case "high priority".

  • Read More About This Suit, Including Briefs
  • Read More About This and Other Tozzi Suits

    Tozzi Plaintiffs Again Delay Final Issuance of Dioxin Listing
    Oral argument previously scheduled for May 4 did not take place as planned in the case of Tozzi v. DHHS, but instead was rescheduled for June 14, 2000. The court ordered additional briefing on the proposed listing be filed under seal and also gave the government permission to publish the remainder of the 9th RoC without the upgraded listing for dioxin.

  • Read More About This Suit, Including Briefs
  • Read More About This and Other Tozzi Suits

    Litigation over 9th RoC
    CRE Advisory Board Member Jim Tozzi is seeking a federal court injunction against the proposed dioxin listing, claiming that HHS/NTP disregarded their own criteria on "known" human carcinogens.

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