[Regulatory Update] US Ninth Circuit Remands EPA's decaBDE Rule (2024 Revision) Without Vacatur — EPA Must Revisit Recycling, Disposal, Wastewater and Sewage Sludge

On 13 May 2026, the US Court of Appeals for the Ninth Circuit remanded the decaBDE portion of the revised decaBDE and PIP (3:1) rule that the EPA published in November 2024 under TSCA Section 6(h) (89 FR 91486). The court held that the EPA's decisions not to regulate further in recyclable articles, disposal, wastewater and sewage sludge were not supported by substantial evidence. An amended opinion was issued on 7 July at the EPA's request. At the parties' request the rule was not vacated, so the 2024 rule remains in effect while the EPA conducts further proceedings. PIP (3:1) was not the subject of the regulatory determinations addressed in the ruling, and the PIP (3:1) provisions of the 2024 rule continue to apply. Under that rule (40 CFR 751.407), for articles not covered by other exclusions or phase-in prohibitions, distribution in commerce of PIP (3:1)-containing articles is prohibited after 31 October 2026.