Health advisories issued by the U.S. Environmental Protection Agency about the risks of chemicals produced at a North Carolina plant on the Cape Fear River are lawful and not reviewable by a court.
In a ruling by three judges Tuesday at the 3rd U.S. Circuit Court of Appeals in Philadelphia, Justice Arianna Freeman wrote, “The health advisory provides guidance, but it imposes no obligations, prohibitions, or restrictions. The health advisory also does not give rise to any ‘direct and appreciable legal consequences.’”
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