Herb Estreicher Quoted in Inside TSCA Article on TSCA Enforcement

Keller and Heckman Partner Herb Estreicher was quoted in the Inside TSCA article, “Attorney Sees Eased TSCA Enforcement After Landmark High Court Rulings.” The article refers to Keller and Heckman’s July 17, 2024, TSCA 30/30 webinar, where Herb discusses the impacts of a few recent landmark Supreme Court decisions. Following Jarkesy v. Securities & Exchange Commission (SEC) and Loper Bright v. Raimondo, Herb told webinar attendees he is expecting the U.S. Environmental Protection Agency (EPA) to be more open to settling even major Toxic Substances Control Act (TSCA) enforcement actions.

He highlighted that even if courts allow administrative law judge (ALJ) review of TSCA cases to continue under Jarkesy, their findings would have significantly less impact thanks to Loper Bright, the case that overturned Chevron deference.

“…if you have a case where an administrative law judge interpreted a statutory term or phrase and you feel that was incorrect, and you decided to take that to a U.S. Court of Appeals . . . well, then the agency’s interpretation of that legislative phrase is not binding on the court. You basically get a fresh look at the interpretation, and that may cause you to decide to go to the court of appeals,” said Herb.

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