Litigation challenging the Environmental Protection Agency’s (EPA) interpretation of the nation’s primary chemicals law is expected to ramp up this year. This surge coincides with the issuance of a batch of ten final rules under the Toxic Substances Control Act (TSCA), as outlined by Bloomberg Law.
David Fischer, an attorney at Keller and Heckman LLP focusing on chemical and pesticide regulations, noted that TSCA litigation had been relatively sparse since Congress overhauled the law’s core provisions in 2016. However, the coming wave of rule-making could usher in a series of legal disputes, particularly over the EPA’s interpretation and application of the TSCA. Legal professionals anticipate that courts may now apply a more rigorous standard to these interpretations, potentially complicating the agency’s regulatory efforts.
The series of new rules are likely to trigger challenges over what constitutes “reasonably foreseen” chemical uses, a key interpretative issue under TSCA. Historically, the EPA has enjoyed a degree of deference in its interpretation of such statutory terms, but with a shift in judicial scrutiny, each of these rules could become a focal point for litigation. This increased legal activity comes at a critical juncture for the agency as it seeks to enforce more stringent chemical regulations intended to protect public health and the environment.
For further details, the full article can be found on Bloomberg Law.