Please set value(s) for component.

ABA releases reports evaluating legal challenges of Toxic Substances Control Act reform


Search ABA News

  • Media

  • ABA News Sections

  • Key Issues

ABA releases reports evaluating legal challenges of Toxic Substances Control Act reform

By John Glynn

WASHINGTON, March 18, 2014 — The American Bar Association Section of Environment, Energy, and Resources has released a series of legal white papers that analyze the Toxic Substances Control Act and are intended to serve as a legal resource and provide information necessary for sound public policy development. The reports address four areas of the law that are under review as part of bipartisan congressional efforts to reform the 37-year-old law.


The resources, available online at, include a legal overview of the current TSCA statute and four white papers that target challenging legal issues raised by TSCA reform:

·        Management of trade secret and confidential business information.

·        Development of federal pre-emption policies governing state tort law.

·        Development of federal pre-emption policies governing state statutes and regulation.

·        Development of appropriate legal standards to guide regulatory action.  

Legal practitioner volunteers from SEER’s Pesticide, Chemical Regulation, and Right to Know Committee, which includes more than 200 practitioners representing diverse political and policy views, developed the white papers with the help of the section’s Special Committee on Congressional Relations

The 2014 white paper series builds on prior efforts to encourage meaningful dialogue on the value of chemical control reform. In 2010, the section published a white paper offering “Practical Advice for TSCA Reform” by four former U.S. Environmental Protection Agency regulatory officials. In 2011, the section spearheaded the adoption of ABA resolution No. 118, urging Congress to enact legislation to reform TSCA.

The ABA Section of Environment, Energy, and Resources is the premier forum for strategies and information for environmental, energy and resource lawyers. Representing nearly 11,000 members with a wide range of professional interests, the section keeps its members abreast of development trends, current court decisions, legislative initiatives and statutes concerning environmental, natural resources and energy law.

The ABA can refer reporters to legal experts available to speak about the Toxic Substances Control Act. Reporters seeking comment and analysis on this subject may contact Maria Gutierrez at 202-662-1091 or at for more information.

With nearly 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at and on Twitter @ABANews.