David Fischer Quoted in Inside TSCA Article on Defining Key TSCA Terms

Keller and Heckman Counsel David Fischer was quoted in the Inside TSCA article, “EPA Questions On Key TSCA Terms’ Definitions Could Narrow Evaluations.” The article notes that the U.S. Environmental Protection Agency (EPA) is seeking comments on whether and how to define key Toxic Substances Control Act (TSCA) terms in its replacement to the Biden-era “framework” rule that sets procedures for TSCA risk evaluations. 

David has repeatedly argued that “unreasonable risk” needs to be defined. According to him, the lack of an agreed definition of the term is at the heart of the ongoing challenges to multiple Biden-era TSCA risk management and framework rules that are now before various federal appellate courts.

“The rub on all of these is unreasonable risk,” he said. “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.”

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