ABA Publishes Charles Franklin Article on Reform of the Toxic Substances Control Act

The ABA Section of Environment, Energy, and Resources has published the article “TSCA reform versus replacement: Moving forward in the chemical control debate” by Charles Franklin, senior counsel in Akin Gump’s environment and natural resources practice and vice chair of the Section’s Special Committee on Congressional Relations.

In the article, Franklin traces the regulatory history of the Toxic Substances Control Act of 1976 from its signing by President Gerald Ford through several key decisions and discusses earlier efforts at reform.  He then weighs the relative benefits of replacing TSCA with a new legal framework versus a point-by-point reevaluation and, instead, proposes a third way comprising six suggestions:

  • Keep, but clarify the “unreasonable risk” standard.
  • Eliminate the “least burdensome requirement.”
  • Strengthen EPA’s right to obtain exposure and use data, and simplify the test rule process.
  • Adopt the arbitrary and capricious standard of review.
  • Strengthen, not weaken CBI provisions.
  • Tighten TSCA’s preemption provision.

To read the full article, please click here.