David Fischer Quoted in Inside EPA Article on Precedent-Setting Decisions in 2026

Keller and Heckman Partner David Fischer was quoted in the Inside EPA article, “Courts Slated To Resolve Suite Of Precedent-Setting TSCA Issues In 2026.” The article addresses that key Toxic Substances Control Act (TSCA) issues, such as how to reduce unreasonable risks “to the extent necessary,” could be resolved in 2026 by federal appeals courts.

David noted that he expects the 5th Circuit to vacate and remand the Biden-era methylene chloride rule, though he hopes the court will address how the U.S. Environmental Protection Agency (EPA) should define the law’s threshold “unreasonable risk” standard.

“There was a lot of discussion on the unreasonable risk issue,” said David. “I give them credit, the judges, for grappling with the science issues. They could have steered away and said they were going to defer to the agency on how they apply their science, but they jumped right in.”

David has repeatedly argued for a definition for “unreasonable risk,” noting that the lack of an agreed definition of the term is at the heart of the challenges to the multiple TSCA risk management and framework rules.

“The rub on all of these is unreasonable risk. The way EPA has continued to defend how they applied [it] -- I don’t get that. I wish they would not. It’s clearly been applied to mean that unreasonable risk is any risk,” said David.

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