David Fischer Quoted in Article on EPA Expectations to Win Remands of Trump-Era Evaluations

Keller and Heckman Counsel David Fischer was quoted in the Inside TSCA article, “Former Official Expects EPA to Win Remands of Trump-Era Evaluations.” The article notes how environmental, labor, and other groups suing over the Trump-era Toxic Substances Control Act (TSCA) evaluations of a flame retardant cluster known as HBCD and 1,4-dioxane are hoping to limit the precedent set by the 9th Circuit’s July 14 ruling agreeing to EPA’s request to remand the Trump-era methylene chloride evaluation without vacatur. The Biden EPA has sought remand without vacatur on each of the three, but petitioners say its planned changes will not resolve their legal claims.

David said he “anticipates” the U.S. Court of Appeals for the 9th Circuit will remand the evaluation of HBCD and 1,4-dioxane, used as a solvent and reagent, following a three-judge panel’s decision granting EPA’s request to reconsider its evaluation of the solvent methylene chloride earlier this month.

“I would anticipate HBCD being remanded as well,” David said, and added that while 1,4-dioxane presents more novel legal issues surrounding preemption of state laws, “courts are pretty open to requests for remand by an agency . . . if an agency can resolve [an issue], it takes the case off their docket. I wouldn’t be surprised if all of them get remanded.”

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