Lauren Gates Quoted in Inside TSCA Article on EPA Seeking to Extend Stay in PCE Litigation

Keller and Heckman Counsel Lauren Gates was quoted in the Inside TSCA article, “Weighing Landmark TSCA Ruling, EPA Seeks To Extend Stay Of PCE Suit.” This article discusses the U.S. Environmental Protection Agency’s (EPA) request that the 5th Circuit extend its stay of litigation over the Biden-era Toxic Substances Control Act (TSCA) risk management rule for perchloroethylene (PCE) by another 90 days while the agency evaluates the implications of the court’s recent East Fork Enterprises v. EPA decision, which vacated EPA’s methylene chloride rule and rejected key elements of the agency’s TSCA approach. The ruling is expected to have significant ramifications for ongoing and future TSCA risk evaluations and risk management rules, including those for PCE, asbestos, TCE, and carbon tetrachloride.

Lauren characterized the East Fork Enterprises decision as “brutal” and said it is “going to have ripple effects throughout the entire agency.” She further noted the uncertainty facing EPA in the wake of the ruling, stating, “I really don’t know what they are going to do. I don’t think they were expecting it to go this far.”

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