Judges grill Trump admin over ‘blurry’ defense of toxics rule

By Ellie Borst | 06/03/2025 04:23 PM EDT

The 5th Circuit questioned the science the Biden-era EPA relied on for regulating methylene chloride uses.

 5th U.S. Circuit Court of Appeals

A man walks in front of the 5th U.S. Circuit Court of Appeals on Jan. 7, 2015, in New Orleans. Jonathan Bachman/AP

The Trump administration defended most aspects of a Biden-era EPA toxics rule, the first of its kind to appear in court for oral arguments.

The judges might toss it anyway.

“This is a very, very, very stringent regulation,” Judge Edith Jones, appointed by former President Ronald Reagan, said during arguments in the U.S. Court of Appeals for the 5th Circuit on Tuesday morning.

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The rule restricts uses of methylene chloride, a cancer-causing chemical famed for its efficacy as a paint stripper. Finalized in April 2024, the rule bans roughly half of the uses EPA assessed under the Toxic Substances Control Act, while instituting stricter workplace protections for others.

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