March 07, 2013

TSCA Reform and Preemption: A Walk on the Third Rail

Over the last thirty months, an impressive array of public-sector, private-sector, and nongovernmental organizations (NGOs) have endorsed the need for federal chemical control and product safety reform. Most of this attention has focused on the 1976 federal Toxic Substances Control Act (TSCA), the nation’s primary (but hardly the only) statute regulating the manufacture, import, and use of chemicals in the United States. The White House has released “principles” for reform. Committees in the House and Senate have introduced bills, held hearings, and conducted stakeholder meetings on many key issues. Stakeholders from industry, the NGO community, and academia have conferred, written, and opined extensively on the substantive merit and political likelihood of new chemical control legislation.

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