April 29, 2014 at 08:14 PM
The Environmental Protection Agency is resisting industry charges that its landmark penalty for failing to disclose the results of a health and safety study was time-barred, arguing in a recently submitted brief that Congress clearly intended the Toxic Substances Control Act (TSCA) to define such violations as "continuing" and subject to daily penalties for each day the violation occurred -- a dispute that follows a similar case regarding OSHA's view of "continuing violations" of OSHA's recordkeeping rule.