Akin Gump Lawyers Pen Article for Westlaw on Lautenberg Chem Safety Act

Westlaw Journal Environmental has published “President Obama Signs the Frank R. Lautenberg Chemical Safety For the 21st Century Act,” an article written by environment and natural resources partner David Quigley and senior counsel Charles Franklin, public law and policy partner Ed Pagano and litigation counsel Stanley Woodward.

The article discusses the provisions of the Lautenberg Act and the ways in which it may redress perceived flaws in the Toxic Substances Control Act (TSCA), particularly in the areas of efficacy in risk assessment of substances lacking data and of control of substances where data identified risks. The authors note that the new law “aims to address these irregularities by creating a stronger federal regulatory framework, fixing flaws in the prior risk-based standard and reducing the need for (and, in some cases, pre-empting) duplicative, state-by-state action.”

The article outlines and discusses key provisions of the Lautenberg Act, including greater testing authority, risk-based assessment, more predictable funding and company-initiated review.

The authors close by stating, “The amended TSCA will have significant business implications for companies located in or doing business in the United States, creating opportunities for some, and threats for many others,” and outlining considerations for companies from regulatory, litigation and corporate perspectives.

To read the full article, please click here.