Erik Baptist’s GlobalChem Presentation on TSCA Litigation Draws Media Coverage
Erik C. Baptist, partner in Wiley’s Environment & Product Regulation Practice, was quoted extensively by Bloomberg Law and Inside EPA’s Inside TSCA from his presentation on 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 co-led a March 30 session on TSCA litigation during the Global Chemical Regulations Conference (GlobalChem), hosted by the American Chemistry Council.
The EPA announced on March 29 that it plans to increase its use of orders and will require worker protections in the TSCA new chemicals program, according to the articles. “I’m afraid we’re entering a new world for new chemicals, one that will soon be ripe for new litigation,” Mr. Baptist said during the GlobalChem presentation, as quoted by Inside TSCA.
Mr. Baptist said the new chemical policies may prompt the EPA to shift away from negotiated consent orders and increasingly rely on unilateral orders to restrict companies’ production and uses of a new chemical. As reported by Bloomberg Law, he noted that new chemicals are often safer than those they replace, so “you don’t want unnecessary regulations imposed on them.”
In addition, Mr. Baptist said the EPA’s announcement of forthcoming changes to how it handles pre-manufacture notices (PMNs) signaled that “EPA will likely issue orders for the vast number of PMN submissions, similar to what happened immediately after” Congress revised TSCA in 2016.
As quoted by Bloomberg Law, he also predicted a “100% likelihood of litigation” challenging all of the rules the Administration is developing to address unreasonable risks in 10 chemicals that underwent risk evaluation – including asbestos, pigment violet 29, certain flame retardants, and several solvents.
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