Herb Estreicher and David Fischer Quoted in Inside TSCA Article on Calls for PMN Reform

Keller and Heckman Partner Herb Estreicher and Counsel David Fischer were quoted extensively in the Inside TSCA article, “Industry Attorneys Eye House GOP Majority To Boost Calls For PMN Reform.” The article mentions Keller and Heckman’s December 12, 2022, TSCA 30/30 webinar, where Herb and David discussed several options to advance their Administrative Procedure Act (APA) petition for substantive changes to  Toxic Substances Control Act (TSCA) regulations governing reviews of new chemicals, including seeking support from the House’s new Republican majority. “Particularly the House side has and will continue to have, keen interest in this petition and in the new chemical program in general, that might lead to some advancement of what we’ve suggested in this petition,” said David. Herb added that this approach would mirror that of environmental groups, who “were very successful during the Trump administration in getting their agenda adopted by reaching out to friendly Democratic members of the Hill.” David then noted during the webinar that when Congress began drafting the 2016 TSCA reform law, “The House wasn’t, at least initially, necessarily very supportive of messing with section 5, the new chemical program, because folks generally thought it was going pretty well. Then obviously, some very significant changes were made to section 5 that perhaps was a surprise to folks what the ramifications were of those changes, and hence here we are today talking about some rule changes to help advance the program short of amending TSCA again. We think there is a fair amount the agency can do in the regulatory context to improve the program.” After the holidays, according to Herb, the attorneys plan to reach out to other industry representatives to see if there might be opportunities to expand the coalition supporting the petition.

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