David Fischer Quoted in Inside PFAS Policy Article on EPA Unlikely to Limit State PFAS Actions

Keller and Heckman Counsel David Fischer was quoted in the Inside PFAS Policy article, “Industry Urges EPA To Limit State PFAS Actions, But Lawyers Say It’s Unlikely.” The article indicates that an industry group is pressing the U.S. Environmental Protection Agency (EPA) to limit state regulation of PFAS, likely through the Toxic Substances Control Act (TSCA). However, lawyers, including David, and other regulatory professionals say it is unlikely the agency would be able to do this in the near future.

“Right now, I’m at a loss to know … how state activities could be curtailed, or whether there could be sort of a single voice, if you will, on PFAS legislation, PFAS regulation, etc.,” said David. “States, as we know, can move a whole lot faster than federal agencies can … and I think states have been moving, obviously, very, very quickly on PFAS.”

“So, I think the horses have left the barn,” David continued. “I don’t know how you put it back in when this PFAS issue has now been going on for a whole lot of years. So, I honestly don’t know how you can bring about curtailing or trying to limit state activities, because the federal agencies are now moving in a similar direction. I don’t know how you do that. I think state activities are here to stay, in whatever permutation that that entails.”

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