On May 3, 2018, text from the March 2018 Global Business Briefing “New TSCA inspires new litigation” written by Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C^®), was quoted in the Chemical Watch article “NRDC files opening brief in TSCA new chemicals litigation.”

Lynn Bergeson, managing partner at law firm Bergeson & Campbell, wrote in Chemical Watch's Global Business Briefing earlier this year that NRDC's legal challenge may well be dismissed on procedural grounds.

"The draft framework document is just that – a draft, conceptual framework outlining the EPA's approach to new chemical review – not a rule amenable to appeal of final agency action," Ms Bergeson wrote.

But the brief argues that it "makes no difference that EPA has described the framework [document] as a 'working approach' that it 'expects to evolve'".

The approach "is a substantive rule that directs the scope of EPA's review of pre-manufacture notices and the circumstances under which the agency will take regulatory actions". As such, it says, it is suitable for judicial review under the Administrative Procedures Act (APA).

See - https://chemicalwatch.com//66627/nrdc-files-opening-brief-in-tsca-new-chemicals-litigation (subscription required)