David Fischer Quoted in Inside TSCA Article on Biden-Era TSCA Framework Rule Possibly Heading for Supreme Court

Keller and Heckman Counsel David Fischer was quoted in the Inside TSCA article, “Biden-Era TSCA Framework Rule May Be Headed For High Court Review.” The article discusses the D.C. Circuit’s likely ruling on the merits of various aspects of the Biden-era TSCA framework rule, which could open the door to first-time Supreme Court review of a TSCA rule since the law was revised in 2016. This possibility could create significant uncertainty for industry groups. “It’s very awkward,” noted David. “I was hoping the EPA would move to seek voluntary remand on everything a lot sooner and not be in the position that it is right now with the D.C. Circuit.”

David added, “I don’t know whether this goes to the Supreme Court to have them sort out what happens in this instance where EPA doesn’t want to defend the position, but the D.C. Circuit might make them by not granting the [remand].”

It would have made sense for the Trump administration to immediately ask for remand of the TSCA rules being litigated rather than getting “jammed into the court deadlines, which is exactly where EPA is right now. This feels so incredibly unsettled,” David said. “It’s a strange place we find ourselves. I think it’s unprecedented.”

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