David Fischer Quoted in Bloomberg Law Article on Court Rejection of Methylene Chloride Rule

Keller and Heckman Partner David Fischer was quoted in the Bloomberg Law article, “Court Rejection of Methylene Chloride Rule to Shape Next Policy.” The article explores how the Fifth Circuit’s decision vacating the U.S. Environmental Protection Agency’s (EPA) 2024 methylene chloride rule could influence the Trump Administration’s future approach to chemical regulation under the Toxic Substances Control Act (TSCA). The Court rejected key aspects of EPA’s risk assessment methodology, including assumptions related to personal protective equipment (PPE) and the Agency’s “whole chemical” risk determination approach, potentially affecting both ongoing and future chemical evaluations.

David emphasized the significance of the ruling, describing it as the first court decision interpreting a TSCA risk management rule issued under the 2016 TSCA amendments. 

David also highlighted the Court’s criticism of EPA’s scientific approach, explaining that the Agency often focuses on a study finding harm from a chemical.

The article further notes that the decision may shape EPA’s forthcoming revisions to its TSCA risk evaluation framework and could influence litigation involving other chemicals.

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