Herb Estreicher and David Fischer Quoted in Chemical Watch Article on EPA Approach for Regulating TSCA Uses ‘to the extent necessary’

Keller and Heckman Partner Herb Estreicher and Counsel David Fischer were quoted in the Chemical Watch article, “US EPA approach for regulating TSCA uses ‘to the extent necessary’ comes under fire.” The article discusses a proposed amendment to the Toxic Substances Control Act (TSCA) that requires the U.S. Environmental Protection Agency (EPA) to evaluate high-priority chemicals and, when it identifies “unreasonable risk,” issue a section 6(a) rule imposing restrictions “to the extent necessary so that the chemical substance or mixture no longer presents such risk.” According to Herb and David, “this standard means the EPA must impose restrictions that reduce risk to an acceptable level, and it cannot choose options that fall short of that mark.” They also added that in contrast to the pre-amended law, EPA does not need to show that its risk management choice “is the least burdensome requirement necessary to accomplish the task.”

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