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Tom Berger Quoted in Bloomberg Law Article, "Biden Day 1 Presages ‘Far More Aggressive' Chemicals Stance"

Keller and Heckman Partner Tom Berger was quoted in the Bloomberg Law article, “Biden Day 1 Presages ‘Far More Aggressive’ Chemicals Stance (1).” The article discusses how more than a quarter of the Trump era Environmental Protection Agency (EPA) rules and decisions that the Biden administration will review deal with chemicals, signaling that the agency’s oversight of potentially dangerous substances will be a top priority. The administration announced Wednesday that 11 of the 48 Trump era environmental and public health rules and actions it will review involve decisions the EPA made about commercial chemicals implementing the Toxic Substances Control Act (TSCA).

“We would expect a Biden administration to take a far more aggressive approach to implementation of TSCA,” Mr. Berger noted. That includes a broader view of a chemical’s “conditions of use,” he said. Under TSCA, that term means the ways EPA decides how “a chemical substance is intended, known, or reasonably foreseen to be manufactured, processed, distributed in commerce, used or disposed of.”

The more uses the EPA examines, the greater chance it could find potential health or environmental problems it needs to control.

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