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Erik Baptist Discusses Litigation Deadline for EPA’s Low-Priority Chemicals List Under TSCA

Inside EPA
April 27, 2020

Erik C. Baptist, a partner in Wiley’s Environment & Product Regulation Practice, was quoted in an Inside EPA article about a deadline for potential litigation regarding a list of 20 chemicals the U.S. Environmental Protection Agency (EPA) has designated as low-priority for risk evaluation under the Toxic Substances Control Act (TSCA). Mr. Baptist discussed the April 26 deadline as part of a Wiley webinar that was covered by Inside EPA.

“We would not be surprised if an entity decides to challenge EPA’s designations in the coming days,” Mr. Baptist said during the webinar, an Earth Day “Look Ahead on TSCA Developments” that he co-hosted on April 22 with Wiley partner Martha E. Marrapese.

If environmentalists or another entity were to file such a challenge, “we would expect EPA to be wary of designating any additional chemicals as low-priority, as an adverse court ruling would mean EPA must conduct risk evaluations for these chemicals on top of other risk evaluations, which would obviously be more draining on EPA's already stressed resources,” Mr. Baptist said.

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