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April 3, 2014
ABA Section on Environment, Energy, and Resources Releases Five White Papers Regarding TSCA Reform

The American Bar Association's (ABA) Section on Environment, Energy, and Resources (SEER) has issued five white papers designed to assist stakeholders in the ongoing debate to reform the Toxic Substances Control Act (TSCA). The papers are on the following TSCA-related topics:

  1. Overview of TSCA
  2. Trade Secret and Confidential Business Information Briefing Paper
  3. Preemption of Private Rights of Action Under TSCA and TSCA Legislation Briefing Paper
  4. Standard for Taking Regulatory Action Under TSCA ("Safety Standard") Briefing Paper
  5. Preemption of State Laws and Regulations Briefing Paper

The papers offer analysis of how TSCA reform may move forward in a way that addresses the myriad of considerations of existing case law, state laws and regulations, and federal legislation. ABA SEER leadership stated: "We hope these resources can promote greater awareness, understanding, and dialogue on TSCA as it exists today, and on the potential shape of future reforms." Lynn L. Bergeson, Managing Partner of Bergeson & Campbell, P.C. (B&C®), is a co-author of each paper.

The papers are available on ABA's website.

Updates and commentary on the ongoing TSCA reform activities can be found on B&C's website, including these recent regulatory updates:

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