Litigation Over Extension of Formaldehyde Compliance Date

November 01, 2017

Sierra Club, represented by Earthjustice, has filed a lawsuit against EPA Administrator Pruitt in the U.S. District Court for the Northern District of California San Francisco Division to require U.S. Environmental Protection Agency to adhere to the earlier December 12, 2017, deadline for compliance with the Formaldehyde Emissions Standards for Composite Wood Rule. See the full complaint here.

In the complaint, the Plaintiffs are requesting relief as follows: 

  1. Declare that EPA exceeded and violated limitations on its statutory authority as set out in the Formaldehyde Act, 15 U.S.C. § 2697(b)(1), by delaying the compliance deadlines for emissions standards for hardwood plywood, medium-density fiberboard, and particleboard sold, supplied, offered for sale, imported, or manufactured in the United States beyond 180 days of promulgation of the Formaldehyde Rule.
  2. Declare that EPA acted arbitrarily, capriciously, and contrary to 15 U.S.C. § 2697(b)(1) by delaying the compliance deadlines for emission standards for hardwood plywood, medium-density fiberboard, and particleboard sold, supplied, offered for sale, imported, or manufactured in the United States beyond 180 days of promulgation of the Formaldehyde Rule.
  3. Declare that the Formaldehyde Delay Rule violates the Formaldehyde Act, 15 U.S.C. § 2697(b)(1), and exceeds EPA’s statutory authority under that Act and is unlawful.
  4. Vacate and set aside the Formaldehyde Delay Rule, except for the provisions in 15 C.F.R. § 770.2(b)-(d), 15 C.F.R. § 770.7(d)(1), and 15 C.F.R. § 770.15(e) applying to third party certification, and in 15 C.F.R. § 770.2(e)(2)-(3) subjecting laminated products to the formaldehyde emissions limits.