Conference Program

Conference Program

38th National Spring Conference on the Environment

Chemicals Regulation:
REACHing for TSCA Reform

June 11, 2010
University of Maryland School of Law
Baltimore, Maryland

Download Brochure (PDF)

8:15 a.m. REGISTRATION AND COFFEE
8:45 a.m.

WELCOME AND OPENING REMARKS

  • Edith Brown Weiss , Chair, ABA Standing Committee on Environmental Law; Francis Cabell Brown Professor of International Law, Georgetown University Law Center, Washington, DC
  • Rebecca M. Bratspies , Professor, CUNY School of Law, New York, NY
  • Sara K. Orr , Latham & Watkins, Washington, DC
9:00 a.m.

KEYNOTE ADDRESS: OVERVIEW OF TOXIC SUBSTANCES CONTROL, PAST AND FUTURE
The chemical regulatory reform movement in the U.S. and internationally has seen several significant developments in the past year. The Toxic Substances Control Act of 1976 ("TSCA") is the primary federal law in the U.S. regulating commercial chemicals. The U.S. Environmental Protection Agency (U.S. EPA), the federal agency that implements and enforces TSCA, recently announced new initiatives under TSCA, including the AGency's stance on essential principles for reform. Both business and public interest organizations also have articulated their views on the key elements of congressional changes to the law. To better understand the importance of TSCA reform, our opening keynote speaker will give an introductory overview of TSCA and explain some of the factors that have led to the current efforts for reforming the law. This presentation then will describe some of the longer-term changes that are needed if the regulatory system is to deal with both current inadequacies and the impact of powerful new technologies.

Blake A. Biles , Arnold & Porter LLP, Washington, DC

9:30 a.m.

TSCA REFORM IN THE ERA OF REACH
It is most likely that the next Congress will overhaul the 33-year old TSCA. Many factors have played a role in this long-awaited reform, including new technologies, public concern, requirements adopted by other countries, and intense stakeholder interest. Under the Obama Administration, the U.S. EPA has made toxic chemical reform a major priority. The Agency announced TSCA reform principles in September 2009 and recently published plans to address four groups of chemicals under TSCA (phthalates, short-chain chlorinated paraffins, PBDEs, and perfluorinated chemicals, including PFOA). Our first panel brings together key stakeholders to discuss the significance of TSCA reform, highlight the potential impacts of pending, and provide suggestions on the best "fixes" from a variety of perspectives. The panel also will discuss the effects of the European Union's REACH program on the TSCA reform movement.

Moderator: Rebecca M. Bratspies , Professor, CUNY School of Law, New York, NY

Speakers:

  • Wendy Cleland-Hamnet , Office Director, Office of Pollution Prevention and Toxics (OPPT),
    U.S. Environmental Protection Agency, Washington, DC
  • Richard A. Denison , Ph.D., Senior Scientist, Environmental Defense Fund,
    Washington, DC
  • Veerle Heyvaert , Ph.D., Lecturer in Law, London School of Economics and Political Science, London, England
  • Michael P. Walls , Vice President, Regulatory and Technical Affairs, American Chemistry Council, Washington, DC
11:00 a.m. NETWORKING BREAK
11:15 a.m.

STATE AND FEDERAL COOPERATION IN REGULATING TOXIC SUBSTANCES
Over the last several years, states have enacted a number of laws regulating commercial chemicals, including substance-specific and more comprehensive green-chemistry requirements. In December 2009, thirteen states (including California) issued principles for reform of TSCA, including calling for strengthening of the federal law while expressly preserving the authority of states and localities to implement chemical management measures, and increased funding for state programs in order to facilitate state involvement in TSCA implementation. This panel examines how the federal government and states interact as players in the chemicals regulatory regime. Discussions will include the role that preemption plays with states and localities regulating specific substances; potential delegation of the federal TSCA program to states; and the current resources of states to implement programs under new legislation.

Moderator: Peter Hsiao , Morrison & Foerster LLP, Los Angeles, CA

Speakers:

  • Mark A. Greenwood , Ropes & Gray LLP, Washington, DC
  • Rena Steinzor , Professor of Law, University of Maryland School of Law, Baltimore, MD
  • Jeffrey Wong , Ph.D., Chief Scientist, Department of Toxic Substances Control - Cal/EPA, Sacramento, CA
12:45 p.m.

KEYNOTE ADDRESS: VIEW FROM THE U.S. ENVIRONMENTAL
PROTECTION AGENCY

Robert M. Sussman , Senior Policy Counsel to Administrator Lisa Jackson, U.S. Environmental Protection Agency, Washington, DC

1:30 p.m. LUNCH
2:00 p.m.

LIFECYCL E MANAGEMENT OF CHEMICALS
How can the reform of TSCA promote green chemistry and other technological and chemical design innovations across the product lifecycle? Green chemistry reduces or eliminates the generation and/or use of hazardous substances from chemical products and processes, and seeks to improve on chemical products by reducing their impacts on human health and the environment using innovative chemical processes. The panel discusses these developments, including reference to some chemicals/products ( e.g., Bisphenol A, or BPA) for which human health concerns may be addressed in part by making environmentally friendly modifications to existing technologies and formulations. Panelists also address market-driven approaches to product development that do not involve traditional command-and-control regulatory measures.

Moderator: Renée Cipriano , Schiff Hardin LLP, Chicago, IL

Speakers:

  • Gregory G. Bond , Ph.D., Corporate Director of Product Responsibility, The Dow Chemical Company, Midland, MI
  • Joel A. Tickner , Sc.D., Principal Investigator, Lowell Center for Sustainable Production, University of Massachusetts Lowell, Lowell, MA
  • Kira J.M. Matus , Ph.D., Senior Policy Analyst, Center for Green Chemistry and Green Engineering, Yale University, New Haven, CT
3:30 p.m.

LEGAL LIABILITY, RISK MANAGEMENT, AND REGULATORY INCENTIVES

Panelist exchange ideas for modifying and enhancing TSCA risk-management provisions in order to create incentives for stewardship and compliance activities that go beyond minimal legal requirements. The panel also will consider how U.S. EPA;s general failure to regulate existing chemicals under TSCA potentially has affected companies' operations and risk-management strategies. The panelists will address liability issues facing companies related to chemical issues, including risk management, toxic tort litigation, insurance coverage disputes, and personal liability of corporate officers. CLE Ethics credit has been requested for this panel.

Moderator:  Blake A. Biles , Arnold & Porter LLP, Washington, DC

    Speakers:

    • Julia (Julie) A. Hatcher , Latham & Watkins LLP, Washington, DC
    • James Jones , Deputy Assistant Administrator, Office of Chemical Safety and Pollution
      Prevention (OCSPP), U.S. Environmental Protection Agency, Washington, DC
    • Ernie Rosenberg , President and CEO, The Soap and Detergent Association,
      Washington, DC
5:00 p.m. CLOSING SESSION WITH PANEL MODERATORS
5:30 p.m. NETWORKING RECEPTION , Sponsored by Latham & Watkins LLP

Advertisement