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The White House is praising Congress' bipartisan push to advance Toxic Substances Control Act (TSCA) reform bills and hopes to see “strong” final legislation that President Obama can sign, but the administration is questioning a House plan for industry to request chemical safety reviews that could overtake EPA's review priorities.

The Supreme Court's 5-4 ruling faulting EPA for not considering costs when it first decided to craft a maximum achievable control technology (MACT) air toxics rule for utilities prolongs uncertainty over the eventual fate of the rule, as an appellate court will now have to weigh whether to vacate the regulation or remand it to the agency.

The Supreme Court in a 5-4 decision has remanded EPA's maximum achievable control technology (MACT) air toxics rule for power plants to the lower courts after finding the agency erred when it failed to consider costs in its findings that the rule was “appropriate and necessary.”

Parties in litigation over how the Clean Water Act (CWA) applies to certain types of waters are already pointing to EPA and the Army Corps of Engineers' recently released final rule aimed at clarifying the scope of CWA jurisdiction to seek reversal of a district court ruling, and some say the final rule is likely to further expand the interpretation of at least one recent appellate court ruling.

Food safety advocates are fighting an industry push for EPA to weaken or delay requirements in its proposal to slow the development of corn root worm resistance to crops genetically engineered to resist the pests, saying notes from a recent agency meeting with industry groups suggests the possibility that EPA might soften parts of the plan.

The final Toxic Substances Control Act (TSCA) legislation that Congress might approve in the coming weeks is likely to be a compromise between the House TSCA bill and the much broader Senate measure, sources say, despite a push by Sen. Barbara Boxer (D-CA) for the upper chamber to focus on taking up the House version.