Eric Gotting Quoted in Inside TSCA Article on TSCA Litigation Updates

Keller and Heckman Partner Eric Gotting was quoted in the Inside TSCA article, “Attorney Expects Litigation ‘Soon’ Over ALJ Review Of TSCA Enforcement.” The article refers to Keller and Heckman’s August 14, 2024, TSCA 30/30 webinar, where Eric discussed the current state of play for litigation over the Toxic Substances Control Act (TSCA). He mentioned that the U.S. Environmental Protection Agency (EPA) is likely to face a legal challenge “somewhat soon” over its TSCA enforcement structure.

Eric also emphasized the Loper Bright v. Raimondo decision, which overturned the long-standing principle of Chevron deference. In a brief discussion of that precedent, Eric said, “to the extent that your EPA decision -- whether it's a rulemaking, whether it's an order -- involved statutory interpretation, courts are now going to hold EPA to the plain language. It’s going to restrict EPA’s ability to kind of push the envelope and fill what they perceive as gaps. So that is super important, at least to the extent that the plain language of TSCA is implicated.”

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