David Fischer Quoted in Inside TSCA Article on Comments Over The ‘Major Questions’ Doctrine and Asbestos Rule

Keller and Heckman Counsel David Fischer was quoted in the Inside TSCA article, “Republican AGs Say ‘Major Questions’ Doctrine Should Sink Asbestos Rule.” The article involves the major questions doctrine, under which courts should uphold a government agency’s rulemaking with vast economic and political significance only if there is clear statutory authorization. The article describes arguments from a coalition of 12 Republican attorneys general (AGs), stating that the doctrine undercuts the U.S. Environmental Protection Agency’s (EPA) rule under the Toxic Substances Control Act (TSCA) that proposes to ban chrysotile asbestos. However, both environmental and industry attorneys are questioning the AGs’ arguments, as they are skeptical judges will embrace the AGs’ view. David states that the AGs “raise an interesting application of the Major Questions Doctrine,” and he goes on to say that “banning a substance should not be EPA’s default option, given the concomitant societal and economic impacts that stem from a ban,” but “should only be an option after careful analysis by EPA in full compliance with TSCA section 6.”

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