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Judge White issued his order today in the Sierra Club case approving a joint stipulation agreement between the Sierra Club, the Environmental Protection Agency, CPA and other trade groups that filed amicus briefs.  The central elements of the stipulated agreement are summarized below:      

  1. Delay of entry of the vacatur.  The Court’s stay has been lifted and the vacatur will go into effect on June 1, 2018

  2. New “Manufactured-by” Date (prospective application): The Court’s vacatur will be applied prospectively from June 1, which will be treated as the new manufactured-by date.  This ensures that composite wood products and finished goods containing them that are produced between December 12, 2017 and June 1, 2018 are not treated as out of compliance with the regulation. 

  3. Sell-through preserved: The sell-through provision is preserved and will cover any panels and finished goods manufactured prior to the June 1, 2018 manufacture-by date.

  4. CARB reciprocity secured: EPA will recognize as TSCA Title VI compliant all CARB 2 certified panels and finished products made with those panels until March 22, 2019.

  5. Labeling clarified: Panel manufacturers and finished goods manufacturers will be able to label their products made with CARB-2 certified panels as TSCA Title VI compliant during an interim period from June 1, 2018 – March 22, 2019.

As part of the stipulated agreement, EPA will be publishing in the Federal Register as soon as possible notice of the application of CARB reciprocity as outlined above.  See Court Order and Stipulated Agreement.  More info: Jackson Morrill.