The D.C. Circuit U.S. Court of Appeals on Monday heard arguments over whether the federal Consumer Product Safety Commission, or other agencies, can pass rules adopting voluntary industry safety standards without making them public.

The dispute arises from a petition by a consumer, Lisa Milice, who alleged that the CPSC’s 2019 rule adopting (by reference) manufacturing standards for infant bath seats must be vacated because it uses standards developed by private standards-setting body ASTM International, without making those standards freely available to the public.

Instead, Milice’s lawyer Jared McClain of the New Civil Liberties Alliance told the court, the agency directed her to purchase a copy of the standards for more than $50, or to travel to the agency’s office in Bethesda, Maryland, where she could view, but not photocopy, the full standards.

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