Fifth Circuit overturns EPA methylene chloride rule

A federal appeals court struck down EPA’s 2024 restrictions on most uses of methylene chloride, a chemical tied to cancer and fatal exposures, and sent the rule back to the agency. The ruling leaves in place a narrower 2019 ban on consumer paint-stripping products but reopens a broader fight over worker and consumer protections.

Why it matters: - The Fifth Circuit’s decision removes a major federal limit on a chemical linked to cancer, neurological harm, liver damage and death. - The ruling could put consumers and workers back in contact with methylene chloride in products such as spot removers, degreasers, adhesives and sealants. - Public health advocates warn the decision raises the risk of acute poisoning and long-term toxicity.

What happened: - On Sept. 15, 2026, the U.S. Court of Appeals for the Fifth Circuit vacated EPA’s 2024 rule restricting most uses of methylene chloride. - The case was East Fork Enterprises, Inc, et al v. U.S. EPA. - The court sent the matter back to EPA for further proceedings. - Toxic-Free Future said the ruling weakens protections for people exposed to a cancer-causing chemical.

The details: - EPA’s 2024 rule had banned all consumer uses and most commercial and industrial uses of methylene chloride under the Toxic Substances Control Act. - The rule covered uses in spot removers, degreasers, adhesives and sealants. - EPA finalized the rule nearly eight years after the agency prioritized methylene chloride as one of the “first 10 chemicals” for review under the reformed chemical law. - The Fifth Circuit decision does not affect EPA’s 2019 rule banning consumer use of methylene chloride in paint and coating removal products. - That narrower ban remains in force. - Liz Hitchcock, director of federal policy at Toxic-Free Future, said methylene chloride exposures can cause cancer, neurological and liver effects and can be deadly for consumers and workers. - Hitchcock also said Congress updated TSCA in 2016 so EPA could act against dangerous chemicals in homes and workplaces. - Hitchcock said mothers whose sons died from the chemical fought for a ban on the substance.

Between the lines: - The ruling is a setback for EPA’s effort to use updated chemical safety authority more aggressively. - The decision shifts the policy fight back to the agency and likely prolongs uncertainty for manufacturers, workers and consumers. - Toxic-Free Future framed the court’s move as favoring the chemical industry over public health.

What's next: - EPA will have to take up the rule again after the remand. - The agency could revise its approach, defend parts of the regulation or pursue another path under TSCA. - Advocates are likely to keep pressing for broader restrictions on methylene chloride.