Herb Estreicher and David Fischer Quoted in Inside TSCA Article on a TSCA Improvement Coalition

Keller and Heckman Partner Herb Estreicher and Counsel David Fischer were quoted in the Inside TSCA article, “Chemical Firms Plan Push For New TSCA Amendments Despite Long Odds.” The article refers to Keller and Heckman’s February 14, 2024, TSCA 30/30 webinar, where David and Herb mentioned that Keller and Heckman is inviting companies to be a part of their Toxic Substances Control Act (TSCA) Improvement Coalition, to be held on February 21, 2024.

David stated that the “goal of the coalition is this broad-based participation of chemical companies spanning the entire chemical supply chain from manufacturing to users because that’s where TSCA impacts the chemical industry, from soup to nuts, from cradle to grave. All those individuals at one point or another will be impacted. And the more EPA spends on drafting risk management rules and risk evaluations, the challenge is now fully appreciated more than it was in the past, the impacts of TSCA implementation and how it’s really gone awry.”

David continued to point out why he thinks there needs to be legislative changes: “Because the current statute seems to accommodate vast differences in how TSCA is interpreted. You had the Trump administration say one thing, you have the current administration, in some respects, diametrically opposed. . .  I think a lot of folks agree with me -- we’ll have to come up with some legislative changes.”

For there to be any progress in terms of amending TSCA, Herb cautioned that “the politics have to be right. The problem with opening a statute [is] once you open the statute, you don’t know what will float in. That’s a very, very important consideration of what [are the] dynamics on the Hill, the lineup of the two houses to make something happen that will be useful.”

However, David mentioned, “Whether or not there’s the ability to move anything on the Hill at the moment is sort of irrelevant because at the end of the day we still need to have language. It’s going to take some time to create that new language.”

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