Tom Berger Quoted in Bloomberg Law article, "Covid-19 Isn't Pausing EPA's Chemical Deadlines, Attorneys Say"

Date: Apr 21, 2020

Keller and Heckman Partner Tom Berger was quoted in the Bloomberg Law article, “Covid-19 Isn’t Pausing EPA’s Chemical Deadlines, Attorneys Say.” Companies making and using chemicals have been stretched thin due to Covid-19 challenges. The Environmental Protection Agency (EPA) has recognized businesses face logistical obstacles complying with some environmental regulations and offered leniency. But chemical manufacturers can’t blame COVID-19 if they miss regulatory deadlines or deadlines to comment on EPA plans that may ultimately limit the chemicals they can use. Mr. Berger noted that companies should not count on leniency for Toxic Substances Control Act (TSCA) regulations. Putting TSCA obligations on the back burner could result in fines and lost opportunities to make the case they’re safely using certain chemicals the EPA could regulate. What makes TSCA unique among environmental statutes is that the law mandates a challenging pace of regulatory and policy activity.

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