February 24, 2020

February 24, 2020

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President Obama Signs H.R. 2576 Into Law - TSCA Reform Bill

On June 22, 2016, President Barack Obama signed H.R. 2576, the TSCA reform bill passed by Congress, into law. 

The “Frank R. Lautenberg Chemical Safety for the 21st Century Act” is effective upon enactment, and therefore will affect currently pending actions (new chemical submissions, regulatory decisions, and “Work Plan” risk assessments). The new law contains detailed timelines for implementation, primarily related to launching the cornerstone provision of the new law under which the Environmental Protection Agency (EPA) is provided broad authority to prioritize, review, and regulate “existing” chemicals in U.S. commerce. Enforceable deadlines are provided for by statute to keep programs operating at specified paces. Other highlights of the new law include:

  • Industry identification of “active” substances in U.S. commerce

  • Prioritization of active substances into high- and low-priority substances

  • Agency-driven process for reviewing grandfathered chemicals, with a minimum, measured, regulatory pace

  • Risk-based safety standard evaluated under conditions of use prohibiting consideration of costs or other non-risk factors and requiring consideration of potentially exposed or susceptible subpopulations

  • No lock-step information requirements, with alternative testing playing a central role

  • Science-based risk assessments

  • Broad agency authority to regulate, but requiring EPA to consider alternatives in bans and phase-outs

  • Preservation of confidential business information (CBI), substantiation required in many cases, with more liberal disclosure authority and need to renew many claims every 10 years

  • Industry to pay a portion of the cost of Agency chemical reviews

The Agency’s announcement of the legislation and some of its immediate implications can be found at this link:  https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/frank-r-lautenberg-chemical-safety-21st-century-act.


President Obama TSCA Reform Bill

President Obama making remarks prior to signing the TSCA Modernization Act into law on June 22, 2016. Mrs. Bonnie Lautenberg, the widow of Senator Frank Lautenberg (D-NJ) who led the drive for reform of TSCA in the Senate for many years before his death in 2013, is pictured standing near the President. 

Photo credit: KNOE 8 News Monroe, Louisiana, knoe.com (courtesy of David Vitter)

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 Thomas C. Berger, Keller Heckman, Environmental Protection lawyer, Product Liability Management Attorney

Tom Berger joined Keller and Heckman in 1993. Mr. Berger is a partner in Keller and Heckman's Washington DC office and heads Keller and Heckman's Indianapolis satellite office.

Mr. Berger has extensive experience in representing foreign and domestic companies, large and small, in a broad range of areas, including counseling, advocacy, and rulemaking in environmental law, occupational safety and health law, contracts, EPA enforcement proceedings, and chemical and product liability management. Mr. Berger assists clients in bringing new products to...

Trent Doyle Environmental Compliance Attorney Keller Heckman Law Firm

Trent M. Doyle advises clients on all types of environmental matters, including compliance with U.S. and international chemical control laws, transportation of dangerous goods regulations, hazardous materials regulations, and community right-to-know laws. He also has special expertise in environmental permitting.

Mr. Doyle counsels clients on a wide spectrum of environmental and transportation matters, including those pertaining to chemical control, facility permitting (e.g., Clean Air Act, Clean Water Act), hazardous materials shipping, hazardous waste management, right-to-know reporting (EPCRA), product labeling, risk management, and homeland security. He represents clients on enforcement matters, rulemakings, and other matters before the U.S. Environmental Protection Agency (EPA); the Department of Transportation (DOT), including the Pipeline and Hazardous Materials Safety Administration (PHMSA), Federal Aviation Administration (FAA), Federal Railroad Administration (FRA), and Federal Motor Carrier Safety Administration (FMCSA); and state counterpart agencies. He serves as general counsel to chemical industry trade associations and provides strategic advice on emerging legislative, regulatory, and public policy issues

Herbert Estreicher Ph.D., Keller Heckman, International Regulation Lawyer, Environmental law Attorney

Herbert Estreicher, Ph.D. joined Keller and Heckman in 2003. He has a broad practice in international environmental regulatory law.

Dr. Estreicher has an interdisciplinary approach combining law and science. He represents leading manufacturers of chemicals, pesticides, insect repellents, food additives, and consumer products before Federal and State regulatory agencies.

Dr. Estreicher provides advice on product liability risk control and assists clients with crisis management for embattled products, including...

Eric Gotting, Keller Heckman, ligation attorney, appeals lawyer, personal injury

Eric Gotting joined Keller and Heckman in 2011. He serves as a partner in the firm's litigation and environmental practice groups specializing in complex civil and appellate matters, with a focus on toxic tort, environmental, and corporate litigation.

Litigation and Environmental Experience

Mr. Gotting has handled cases across the country, having tried matters to verdict and argued appeals before federal and state appellate courts. His experience includes class actions, mass tort litigation, and...