David Fischer Quoted in Inside TSCA Article on TSCA Risk Standard

Keller and Heckman Counsel David Fischer was quoted in the Inside TSCA article, “Former EPA Chemicals Deputy Hopes Court Addresses TSCA Risk Standard.” The article outlines David’s reactions to recent oral arguments in the consolidated methylene chloride rule challenges known as East Fork Enterprises, et al. v. EPA before the U.S. Court of Appeals for the 5th Circuit, including how he hopes the court will address how the U.S. Environmental Protection Agency (EPA) should define “unreasonable risk.”

“There was a lot of discussion on the unreasonable risk issue. I give them credit, the judges, for grappling with the science issues,” said David. “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 that the risk standard in the reformed Toxic Substances Control Act (TSCA) needs definition, claiming that the lack of an agreed definition is at the heart of the challenges to the multiple TSCA risk management and framework rules that are now before various federal appellate courts.

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