Greg Clark and Eric Gotting Quoted in Inside TSCA Article on Options for TSCA Preemption Suits Over State Rules
Keller and Heckman Partners Greg Clark and Eric Gotting were quoted in the Inside TSCA article, “Attorneys Eye Array Of Options For TSCA Preemption Suits Over State Rules.” The article discusses how chemical-safety programs could face Toxic Substances Control Act (TSCA) preemption challenges in state or federal court and refers to Keller and Heckman’s July 13, 2022, TSCA 30/30 webinar, where both Eric and Greg discussed top targets for preemption under TSCA. According to both of them, there is no single form those claims would have to take. Eric pointed out that, “companies have several options to invoke preemption depending on the circumstances.” Greg supplied that “until we see some challenges from industry, we’re going to continue to see this void where states take action even though preemption would apply.” During the webinar, Eric and Greg also talked about how changes to TSCA implementation during the Biden administration will likely limit opportunities for industry to take advantage of preemption as it moves into its next rounds of chemical evaluations.
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