Ninth Circuit Orders EPA to Redo DecaBDE Rule After Tribal, Environmental Challenge
The Ninth Circuit ordered the EPA to redo its DecaBDE rulemaking, citing tribal and environmental concerns.
Why it matters: The decision could prolong regulation timelines and increase compliance burdens for manufacturers, while enhancing tribal and environmental oversight. It also signals increased judicial scrutiny of EPA chemical risk management.
- Ninth Circuit sided with the Yurok Tribe and environmental groups challenging the EPA's DecaBDE rule.
- EPA's initial rule, finalized in January 2021, was criticized for not addressing recycled product exposures.
- In June 2022, the EPA sought—and received—a voluntary remand to reconsider its risk management rule.
- The Yurok Tribe, California's largest, was a lead petitioner, highlighting tribal interests in environmental regulation.
The Ninth Circuit Court of Appeals on May 14, 2026, ordered the Environmental Protection Agency (EPA) to redo its rulemaking process for Decabromodiphenyl Ether (DecaBDE), a toxic flame retardant present in electronic and textile products. This ruling came in response to a challenge by the Yurok Tribe and several environmental groups, who argued the EPA failed to regulate exposures from recycled products containing DecaBDE.
- The EPA’s initial final rule was issued on January 21, 2021, but faced immediate criticism over environmental and health risks tied to persistent chemical residues in consumer goods.
- Recognizing these concerns, the Ninth Circuit in June 2022 granted the EPA’s request for a voluntary remand to review and potentially revise its regulation approach (industry analysis).
- The court’s latest order compels the EPA to address what advocacy groups view as regulatory gaps, reaffirming the importance of meaningful consultation with tribes and consideration of environmental health.
- The Yurok Tribe, the largest federally recognized tribe in California, played a central role in the legal challenge, reinforcing tribal sovereignty in regulatory processes.
EPA Pacific Southwest Region Administrator Josh F.W. Cook stated, “We are pleased to recognize – and formalize – the Yurok Tribe’s authority to protect rivers and streams on their tribal lands.” This underscores broader implications for how environmental and tribal interests intersect with federal chemical regulation.
By the numbers:
- 6,400+ — Members of the Yurok Tribe, California's largest federally recognized tribe
- 2021-01-21 — Date EPA finalized its original DecaBDE rule
- 2022-06 — Ninth Circuit granted voluntary remand of EPA's DecaBDE rule
Yes, but: The Ninth Circuit did not specify a timeline for the EPA's revised rulemaking, leaving uncertainty over when new regulations may take effect.
What's next: The EPA must now initiate a new rulemaking process on DecaBDE; timing and procedural details remain to be announced.