David Fischer Quoted in Bloomberg Law Article on Expected TSCA Litigation

Keller and Heckman Counsel David Fischer was quoted in the Bloomberg Law article, “EPA Chemical Rulemaking Complicated by Challenge to Agency Power.” The article mentions that while there has not been a lot of Toxic Substances Control Act (TSCA) litigation since 2016, litigation is expected to increase this year, as the U.S. Environmental Protection Agency (EPA) begins to issue a batch of ten final rules that will restrict commercial chemicals it has determined are too risky.

According to David, a Biden-era policy that may be challenged is what EPA used to call its “whole chemical” determination: the conclusion that a chemical altogether is unreasonably risky.

Beyond new chemicals, parties also could challenge EPA’s decision to regulate—or failure to regulate—what they or the agency say is a reasonably foreseen use of a chemical that’s already in commerce, said David. “Industry could argue reasonably foreseen needs to be realistically possible,” he explained. 

“If Chevron deference is eliminated or removed,” David added, “a court could say it will define that instead of deferring to the agency.” 

To read the full article, please click here.