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March 21, 2014

ABA Releases Five White Papers On TSCA Reform


The American Bar Association's (ABA) Section on Energy, Environment and Resources (SEER) has issued five white papers designed to assist stakeholders in the ongoing debate to reform the Toxic Substances Control Act of 1976 (TSCA). The papers are on the following TSCA-related topics: (1) ABA SEER Overview of TSCA; (2) ABA SEER TSCA Trade Secret and Confidential Business Information Briefing Paper; (3) ABA SEER TSCA Preemption of Private Rights of Action Under TSCA and TSCA Legislation Briefing Paper; (4) ABA SEER TSCA Standard for Taking Regulatory Action under TSCA Briefing Paper; and (5) ABA SEER TSCA Preemption of State Laws and Regulations Briefing Paper. These white papers are available online.

The papers offer analysis of how TSCA reform may move forward in a way that marries the myriad of considerations of existing case law, state laws and regulations, and federal legislation. Lynn L. Bergeson, Bergeson & Campbell, P.C. (B&C®) is a co-author of each paper.