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Keller and Heckman Partner Tom Berger and Counsel David Fischer Quoted in InsideEPA Article

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Keller and Heckman Partner Tom Berger and Counsel David Fischer were quoted in the InsideEPA article, “Attorneys See ‘Clear’ TSCA Authority Over Articles Despite Policy Doubts.” The article discusses the US Environmental Protection Agency’s (EPA) authority to regulate chemicals under the Toxic Substances Control Act (TSCA) and how far the agency’s reach extends. According to David, “just because the agency can, doesn’t mean the agency should.” Yet, the chemicals chief of the EPA, Michal Freedhoff, believes the agency will “generally” regulate chemical articles under TSCA. Tom reads this to mean that the EPA may increase its influence over articles within current programs but will not immediately regulate the articles on a large-scale basis. He also believes that when the agency amended TSCA in 2016 to add additional language under section 5 of TSCA, it provided the agency with authority to regulate chemicals in articles, but required EPA to “make an affirmative finding that the reasonable potential for exposure to the chemical through the article justifies notification." In sum, both Tom and David believe the EPA will exercise a level of restraint when it comes to regulating chemicals under TSCA. 

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