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Stakeholders agree that the chances of legislative reform to the Toxic Substances Control Act (TSCA) are small — and getting smaller as the days progress. Both Hill staff and industry trade representatives acknowledge that focus on mid-term elections and partisan divide, coupled with the limited days on the legislative calendar, make TSCA reform this year unlikely. Thus, while some forward momentum may have occurred over the last years with the Senate bill introduced by Senators...

Bergeson & Campbell, P.C. (B&C®) has created an online hub for news, information, and commentary on Toxic Substances Control Act (TSCA) reform that is available at www.TSCAreform.org. B&C's lawyers, scientists, regulatory specialists, and business consultants relentlessly participate in and track developments regarding ongoing TSCA reform efforts and related state regulatory initiatives such as California's Safer Consumer Products Regulations and related developments...

On April 29, 2014, the U.S. House Committee on Energy and Commerce's Subcommittee on Environment and the Economy held a hearing on the revised version of the Chemicals in Commerce Act (CICA2). Details of the hearing provided by the Subcommittee, including its background memorandum, are available online. Subcommittee Chair John Shimkus (R-IL) issued the original version of CICA in March 2014. CICA2 was released on April 22, 2014. Bergeson & Campbell, P.C.'s (B&C®) detailed...

The Environmental Law Institute's (ELI) May/June 2014 issue of ELI Forum features articles from five notable experts representing government, industry, and policy viewpoints on the issue of TSCA reform. Titled "TSCA Redux: Rejuvenating a Timeworn Statute," the publication includes Lynn L. Bergeson, Managing Partner of B&C; Richard A. Denison, Lead Senior Scientist, Environmental Defense Fund; Kathy Kinsey, Deputy Secretary for Regulatory Programs and Operations, Maryland...

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...

On February 27, 2014, House Energy and Commerce Environment and the Economy Subcommittee Chair John Shimkus (R-IL) released a discussion draft of the "Chemicals in Commerce Act" (CICA), legislation designed to reform the Toxic Substances Control Act of 1976 (TSCA). The release of CICA is significant for several reasons. While the House Subcommittee has held five hearings since last year on various sections of TSCA, CICA would be the first major House bill introduced this...

It is reported that House Energy and Commerce's Subcommittee on the Environment and Economy Chair John Shimkus (R-IL) is working on draft legislation to reform TSCA, which Shimkus expects to introduce and on which he expects to hold a hearing in the coming weeks. B&C has issued a memorandum providing an overview of the Subcommittee's fifth hearing on TSCA reform held on February 4, 2014. The memorandum is available online. There is a renewed sense...

On February 4, 2014, the House Committee on Energy and Commerce's Subcommittee on Environment and the Economy held its fifth hearing this term on potential reform of the Toxic Substances Control Act of 1976 (TSCA). The Subcommittee is working on drafting its version of a TSCA reform bill. This latest hearing focused on potential reforms to Sections 4 and 8 of the law. TSCA Section 4 covers when and under what circumstances the U.S. Environmental...

On January 9, 2014, 7,500 gallons of a coal processing chemical, 4-methylcyclohexane methanol, stored in an above-ground tank owned by Freedom Industries leaked into the Elk River just upstream from the local water utility's intake pipe serving Charleston, West Virginia. Regulators banned residents' use of the water for five days. Since the release, concerns have been expressed about the adequacy of information regarding the chemical's safety and health risks, an issue that has been...