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Herb Estreicher and Eric Gotting Quoted in InsideEPA Article on How Revisions to Trump-Era TSCA Evaluations Present Opportunities to Challenge Risk Determinations in Court

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Keller and Heckman Partners Herb Estreicher and Eric Gotting were quoted in the InsideEPA article, “Industry Eyes Reworked TSCA Evaluations To Lay Groundwork For Lawsuits.” The article discusses how industry leaders can use anticipated upcoming revisions to the U.S. Environmental Protection Agency’s (EPA) first ten chemical evaluations under the Toxic Substances Control Act (TSCA) to support future legal challenges to those risk determinations. According to Eric, “It is important for industry to keep monitoring not only EPA’s reevaluations of these initial chemicals but also, if and when litigation starts up again, to make sure that industry has its say. And that can be done through filing petitions for review, through intervention in the existing cases or through amicus briefs.” Herb and Eric also highlighted the importance of industry submitting comments on the reevaluations to help support any potential litigation. Herb said that industry’s limited participation to date in ongoing court challenges to some of these chemicals may be misguided given the possibility for the cases to set expansive precedents for any risk evaluations on the next round of high priority chemicals. 

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