Media Mention

Erik Baptist Discusses Potential Court Challenges to EPA’s Plan for New TSCA Policies

Chemical Watch
April 5, 2021

Erik C. Baptist, partner in Wiley’s Environment & Product Regulation Practice, was quoted extensively by Chemical Watch regarding potential court challenges to the U.S. Environmental Protection Agency’s (EPA) plan to increase regulations of new chemicals and upcoming rules for completed risk evaluations of existing chemicals under the amended Toxic Substances Control Act (TSCA). Mr. Baptist was among the presenters at the American Chemistry Council’s GlobalChem conference, co-leading a March 30 session that focused on TSCA litigation and was covered by Chemical Watch.

The EPA announced on March 29 that it plans to modify its pre-manufacture notification determination process to account for potential unreasonable risks resulting from “reasonably foreseen” uses of a substance, and to require worker protections in the TSCA new chemicals program, according to the article.

“Industry would have multiple, compelling grounds to challenge EPA’s policy announcement,” Mr. Baptist told Chemical Watch. The EPA’s announced actions “threaten to undermine TSCA’s express policy of removing unnecessary economic barriers to technological innovation and encouraging the use of safer chemicals.”

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