Lynn L. Bergeson and Richard E. Engler, Ph.D., “TSCA Chemical Safety: A Sisyphean Journey,” ABA NR&E, Spring 2026.

Despite the best efforts and good intentions of a broad community of chemical interests, including industry, nongovernmental organizations (NGO), and government entities, implementation of the Toxic Substances Control Act (TSCA), 15 U.S.C. §§ 2601–97, has been uneven for as long as memory serves. The many challenges in implementing TSCA after Congress first enacted it in 1976 are well documented. Its aspirational tone and lofty goals were matched only by its unique lack of specificity or a mandate to act. The TSCA do-over almost a decade ago has been held hostage to widely differing scientific and legal interpretations and policy constructs by four different administrations tasked with implementing the 2016 amendments, the result of which has confused the American public; frustrated the regulated community, public health and environmental advocates, and labor unions; undermined consumer confidence in the safety of chemical products; and impeded chemical innovation. This article explores the many reasons for these undeniable realities.