Partners David Fischer and James Votaw Quoted in Inside TSCA Article on Fifth Circuit's East Fork Decision

Keller and Heckman Partners David Fischer and James Votaw were quoted in the Inside TSCA article, “Uncertainty, Limited TSCA Activity Likely To Follow 5th Circuit Ruling.” 

The article examines the potential consequences of the Fifth Circuit's September 2026 decision in East Fork Enterprises v. EPA (Environmental Protection Agency), which vacated EPA's methylene chloride risk management rule under the Toxic Substances Control Act (TSCA). 

James Votaw described the East Fork decision as "a big deal" because EPA has already completed the statutory milestones required for methylene chloride, leaving "no more statutory deadlines" requiring the agency to revisit the chemical on a specific timetable. As James explained, EPA "has already met all the TSCA deadlines for methylene chloride" by issuing a risk evaluation, proposing a rule, and finalizing the rule, which could allow the agency to redirect resources toward other legally mandated activities.

According to James, the decision aligns with the administration's emphasis on statutory obligations, noting that EPA will likely "just do the things they are required to do." He further suggested that the agency may reassess other Biden-era TSCA regulations in light of the court's reasoning, potentially pulling back certain rules if it concludes they are inconsistent with the Fifth Circuit's interpretation of TSCA.

The article also notes that David Fischer has questioned EPA's ability to fully implement the Fifth Circuit's approach within the remaining years of the current administration, particularly given the number of outstanding rulemakings and legal challenges facing the agency.

To read the full article, please click here (subscription required).