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Chicago Window and Door Retailer Sues EPA Over Lead Paint Rule

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A long-time replacement window and door retailer in the Chicago area, Ro Cher Enterprises, is suing the Environmental Protection Agency (EPA) over claims that it violated rules regarding companies that remodel homes. The lawsuit argues that Ro Cher, which runs Door & Window Superstore, is involved only in the retail sales of replacement windows and doors, not remodeling.


The EPA accused Ro Cher of violating the Toxic Substances Control Act (TSCA), which requires companies that renovate older homes to protect against exposure to lead-based paint. However, Ro Cher argues that it is not in the renovation business, but rather sells doors and windows and helps customers find renovation experts. The EPA seeks a $375,000 fine from Ro Cher.

In-House Prosecution

Ro Cher's legal team argues that the EPA's prosecution of the case violates the company's right to a fair hearing. The case was assigned to an EPA employee to decide, rather than being overseen by a federal judge. The lawsuit claims that the EPA's actions are void because the individuals involved were not properly appointed to their positions.

Constitutional Violations

The lawsuit also alleges that the EPA's actions violate the Fifth Amendment, which protects against the deprivation of private rights, and the Seventh Amendment, which guarantees the right to a trial by jury. Additionally, the complaint charges that the EPA is violating the Eighth Amendment, which prohibits excessive fines.

Seeking a Fair Adjudication

The lawsuit, filed in U.S. District Court for Illinois, aims to obtain a fair adjudication for Ro Cher. The company is seeking an order voiding the EPA's demands and arguing that the case should be heard in an Article III court in front of an independent, life-tenured judge.