David Fischer Quoted in Inside EPA Article on TSCA Initiatives from Biden EPA to Trump EPA

Keller and Heckman Counsel David Fischer was quoted in the Inside EPA article, “Blitz Of TSCA Actions Leaves Trump EPA With Long List Of Mandatory Duties.” The article notes that the U.S. Environmental Protection Agency under Biden has used its final months to launch a series of TSCA actions, which leaves the Trump EPA with many responsibilities to see through.

David has mentioned that he expects legislative amendments to be on the agenda in the 119th Congress. Specifically, he has said he hopes lawmakers will rework provisions that bar EPA from basing risk evaluations “on any consideration of cost or non-risk factors,” which David has argued produces “very conservative risk assessments.”

David is also urging Congress to reconsider the law’s timelines for review. For existing chemicals, David said the current law creates a “linear progression” where EPA has no choice but to move a chemical from prioritization to risk evaluation to risk management once it begins the process, which he explained distorts the agency’s incentives and deprives it of flexibility.

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