Court tosses union’s bid to defend rule on deadly solvent

By Ellie Borst | 08/16/2024 01:18 PM EDT

Challengers are likely to contest new workplace exposure limits for methylene chloride, a widely used chemical.

A paint stripping project

A paint-stripping project is pictured. An EPA rule bans uses of methylene chloride, a chemical often found in paint stripper products. Russ/Flickr

A federal appeals court denied for the second time a labor union’s attempt to defend EPA’s methylene chloride rule against fierce industry challengers.

The 5th U.S. Circuit Court of Appeals’ order issued Wednesday did not explain why it rejected AFL-CIO’s second petition to intervene in a lawsuit over the rule, which limits ways the cancer-causing solvent can legally be used.

AFL-CIO, which represents more than 12 million workers in 60 labor unions, sought to intervene to stave off complaints from the American Chemistry Council, a powerful trade association representing the biggest names in chemicals.

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While ACC backs EPA on most of the rule’s provisions, its chief complaint lies with the new workplace exposure limits, which are far more stringent than the Occupational Safety and Health Administration’s 27-year-old limits for the widely used chemical.

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