Keller and Heckman Attorneys quoted in Inside TSCA article on the Ineffectiveness of the Whole-Chemical Policy

Keller and Heckman Partners Herb Estreicher and Eric Gotting were quoted in the Inside TSCA article “Industry Attorneys See Legal Weakness In TSCA ‘Whole Chemical’ Policy.” The article highlights the legal challenges created by the U.S. Environmental Protection Agency’s (EPA) whole-chemical policy under the Biden Administration, which broadens the Toxic Substances Control Act’s (TSCA) chemical review process when determining if a substance poses an unreasonable risk to human health. According to Eric, this approach is in violation of the Trump-era framework rule because “the Administrative Procedures Act [APA] requires that any time a regulation is changed, the agency has to go through another round of notice and comment.” Similarly, Herb argued, “Changing the rules midstream without taking notice and comment seems to me unseemly. There was no question what the Trump EPA intended. They revised [the risk evaluation rule that the] Obama administration proposed in 2017. I don’t see how you could possibly have an interpretation otherwise.”

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