Tom Berger and Herb Estreicher Quoted in Inside TSCA Article on Increased Scrutiny of TSCA CBI Protections

Keller and Heckman Partners Tom Berger and Herb Estreicher were quoted in the Inside TSCA article, “Industry Attorneys Warn TSCA CBI Protections Face ‘Increased Scrutiny.’” The article explains that the Toxic Substances Control Act’s (TSCA) Confidential Business Information (CBI) protections are under growing pressure as environmental litigation and looming re-substantiation deadlines converge. As Tom and Herb wrote in this recent article, “Confidential Business Information (CBI) protections under TSCA are facing increased scrutiny due to active NGO litigation and major upcoming CBI expiration deadlines.” 

Herb discussed Environmental Defense Fund (EDF), et al. v. Zeldin during Keller and Heckman’s February 25, 2026, TSCA 30/30 webinar, explaining that plaintiffs are “trying to get a court to basically decide that a lot of the things that industry has been claiming CBI in PMNs do not qualify for CBI,” a push that could require “much, much, much beefier substantiation” as the first wave of 10 year CBI expirations approaches.

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