Industry Attorneys Say ‘Whole Chemical’ Policy Nullifies TSCA Preemption

January 13, 2022
Industry attorneys are warning that EPA’s “whole chemical” approach to TSCA risk determinations will effectively negate the law’s preemption of state limits on chemical uses the agency finds to be safe, as the Biden administration’s first proposed use of its new model avoids the “no unreasonable risk” orders needed to trigger preemption. David Fischer, who served as deputy chemicals chief during the Trump administration and is now counsel with the law firm Keller and Heckman, argued during the firm’s Jan...


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