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The bipartisan 2016 Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg) Amendments enacted extensive changes to the 1976 Toxic Substances Control Act (TSCA) that many hoped would set the law on a new course, address its widely recognized challenges, and accelerate U.S. Environmental Protection Agency (EPA) actions to address public health threats. Since then, four administrations have put their mark on implementation of the amended law. The past ten years have seemed like a roller coaster of competing legal interpretations of some of the Lautenberg Amendments’ most significant provisions, scientific debate and analyses, rulemakings, delays in meeting TSCA deadlines, and major milestones. To celebrate Lautenberg’s ten-year anniversary, the Environmental Law Institute, the George Washington University Milken Institute School of Public Health, and B&C convened an all-day conference: TSCA Reform — Ten Years Later. The podcast you are about to hear is the panel discussion on risk management.
This panel focuses on the past, present, and future of risk management under TSCA. With all five final risk management rules in litigation, a debate is underway over whether these rules go too far or not far enough and how much risk reduction we can expect in future rules. The panel also explores what can be learned to date from the pending cases and speculate on how the courts and EPA may reshape future TSCA Section 6 rulemakings. The panel will address recurring policy and legal issues, such as the role of Section 6 in assuring workplace protection and addressing environmental releases from facilities, as well as how EPA can keep pace with TSCA’s statutory deadlines for proposed and final rules.
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