October 30, 2020

The essentials of TSCA practice

Lynn L. Bergeson and Eve C. Gartner

This article is part of our Advanced Practitioner Series, which is designed to provide our readers with expert analysis of trends, as well as advanced practice tips, in established practice areas. The series also covers professional and career issues of interest to environmental, energy, and natural resources lawyers.

The Toxic Substances Control Act (TSCA) is not the arcane federal law it once was. Amended in 2016 in response to a demand so loud and persistent from nongovernmental organizations, consumers, and, eventually, the industrial chemical community that Congress could no longer ignore it, TSCA is now a force with which to be reckoned. While the U.S Environmental Protection Agency’s (EPA’s) implementation of the 2016 Lautenberg Act that amended TSCA invites criticism among stakeholders, there is no disagreement that today TSCA is a more consequential law, deserving of legal practitioners’ attention.

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