Herbert Estreicher Quoted in Chemical Regulations Reporter Article on TSCA Reform Bill

Keller and Heckman Partner Herbert Estreicher, Ph.D. was quoted in a June 3 article in Bloomberg/BNA’s Chemical Regulation Reporter on the Chemical Safety Improvement Act (S. 1009). Introduced May 22 by the late Senator Frank Lautenberg (D-NJ) and Senator David Vitter (R-LA), S. 1009 would update the 37-year old Toxic Substances Control Act (TSCA). Noting that enactment of S. 1009 is uncertain, the article stated that a potential deal breaker is the bill’s language that says the Environmental Protection Agency’s (EPA) “safety determination shall be determinative,” according to Dr. Estreicher. “That means EPA's decision that a chemical does not meet the legislation's safety standard would be admissible in toxic tort cases. Attorneys in such cases would still have to prove exposure and other critical factors, but an EPA decision that a chemical was not safe based on the legislation's standard would be an important factor,” explained Dr. Estreicher in the article. The full article can be viewed here.