–Washington, DC– We are fast approaching the 8th anniversary of the enactment of the 2016 Lautenberg amendments to the Toxic Substances Control Act (TSCA). These amendments fundamentally altered the way in which the Environmental Protection Agency (EPA) evaluates and manages chemicals. Although these amendments were championed and celebrated by the chemical industry and received overwhelming bipartisan support, TSCA implementation has been nothing to celebrate. After eight years, there is more than enough evidence of TSCA’s infirmities.

Take, for example, EPA’s substantive changes to the procedural framework rule for conducting chemical risk evaluations, which includes, among other changes, a “whole chemical approach” to unreasonable risk determinations. Instead of each condition of use reflecting its own unreasonable risk determination – which is how the prior administration had interpreted TSCA – EPA now makes a single unreasonable risk determination for the whole chemical. Under this approach, EPA no longer issues orders for those conditions of use deemed not to present unreasonable risk – the chances that any chemical EPA prioritizes for risk evaluation will be determined not to present unreasonable risk are slim to none. Evidently, the language of TSCA can accommodate both approaches to unreasonable risk determinations! Moreover, under a whole chemical approach to unreasonable risk determination, why would any chemical manufacturer avail itself of TSCA’s provision for manufacturers to request an EPA risk evaluation? The need for TSCA reform is also evident in EPA’s review of new chemical submissions, which typically take a year or more, far exceeding the 90-day timeframe anticipated by TSCA.

To advance a future in which reasonable science policy is the bedrock of EPA’s decision-making in all aspects of TSCA implementation, a group of concerned companies has formed the TSCA Improvement Coalition (Coalition). The overall goal of the Coalition is to change the status quo of TSCA implementation by advocating for specific changes in TSCA legislation and regulations. Companies affected by the EPA’s implementation of TSCA are strongly encouraged to join this Coalition. Becoming a Coalition member will ensure your concerns are heard. The Coalition’s interests will be an important resource for Congress when preparing for oversight hearings and advocating for legislative changes to TSCA.

For more information on the TSCA Improvement Coalition, contact David Fischer at 202-434-4224 or fischer@khlaw.com. 

—Washington, DC— LieAnn Van-Tull, an associate with Keller and Heckman’s Food and Drug Packaging and Tobacco and E-Vapor practice groups, was awarded the Gold Level of the President’s Volunteer Service Award (PVSA) during a special presentation at the June 5 Annual Meeting & Conference of the Washington Bar Association, Inc. (WBA).

Founded in 2003 by the President’s Council on Service and Civic Participation, the PVSA is a civil award bestowed by the President of the United States. The award recognizes outstanding volunteers whose service positively impacts their community, inspiring others to serve. To receive the Gold Award, individuals must complete over 500 hours of eligible unpaid acts of volunteer service benefitting others within a 12-month period.

LieAnn has been an active member of the WBA since 2016, and on June 5, 2024, she completed her term as WBA’s 2023 – 2024 President. During her tenure as President, she worked tirelessly on building the WBA’s membership and creating more opportunities for law students, lawyers, and judges to collaborate with WBA’s stakeholders. The WBA nominated LieAnn for the prestigious President’s Volunteer Service Award and was delighted to present the Gold Level PSVA to LieAnn at its 2024 Annual Meeting & Conference while she was surrounded by her WBA colleagues.
 
“The WBA accomplished a lot over the last year. To see the growth and dedication of my fellow members, board, and WBA supporters/partners is awe-inspiring,” said LieAnn. “I am grateful to the WBA for the opportunity to serve my community, and I am honored to receive this award. I look forward to continuing my service, while staying focused on my commitment to improve diversity in the legal profession.”

Partner Richard Mann, Chair of Keller and Heckman’s Management Committee, congratulated LieAnn on this accomplishment. “Keller and Heckman is delighted to see LieAnn recognized for her exemplary service to others. This award highlights her passion and dedication to bettering our community and the world. She is an inspiration to all who know her.”

About Keller and Heckman

Keller and Heckman LLP represents a wide spectrum of companies and trade associations servicing a range of industries, including plastics, food and food additives, tobacco and e-vapor, drugs and medical devices, advertising and labeling, pesticides, industrial and specialty chemicals, consumer products, transportation, and telecommunications. The firm's practice covers the diverse regulatory areas that affect these industries, as well as public policy and litigation matters. Our attorneys and scientists emphasize creative service to clients involved in the development of new products, services, and markets. Our attorneys and staff serve clients from offices in Washington DC, Brussels, San Francisco, Shanghai, and Boulder.