Herb Estreicher Quoted in Article on Chemical Rule Sent Back to EPA

Keller and Heckman Partner Herb Estreicher was quoted in the Bloomberg Law article, “Chemical Rule Sent Back to EPA on Trade Secret Concerns (2).” The article discusses how an EPA rule failed to require chemical manufacturers to sufficiently prove that they’ve protected their chemical’s secret identity from discovery through reverse engineering, a federal court ruled April 26. 

The Environmental Protection Agency (EPA) did not explain why it eliminated from a final rule (RIN 2070-AK24), all of the questions the agency’s proposed rule had included that pertained to reverse engineering. The court sent the rule back to the EPA without vacating it. That means the 2017 rule, which established the procedures chemical manufacturers and processors had to use to let the agency know which chemicals they made or used, remains in effect. 

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