Eleven AGs Filed Amicus Brief in Support of Vermont’s Challenge to EPA’s Mercury Reporting Rule

DECEMBER 14, 2018

Oregon Attorney General Ellen Rosenblum led a coalition of 11 attorneys general in filing an amicus brief in support of Vermont’s challenge to the Environmental Protection Agency’s (EPA) changes to mercury inventory reporting requirements under the Toxic Substances Control Act (TSCA). The EPA’s June 2018 final rule exempted companies who use mercury-added products as a component of a larger product from submitting periodic reports to the EPA, and also reduced the frequency requirements of reporting. The AGs’ brief argued the rule’s exemptions are inconsistent with the text of TSCA and that the rule would constrain states’ ability to effectively regulate mercury by denying states the opportunity to access a comprehensive and accurate federal inventory of mercury supply, use and trade.