Charles Franklin Authors Article on Chemical Bias for Bloomberg BNA

Bloomberg BNA has published the article “New Chemical Bias Worse Than Ever,” co-authored by Charles Franklin, senior counsel in the environment and natural resources practice at Akin Gump. The article discusses what it says are the problems associated with the Frank R. Lautenberg Safe Chemicals Act for the 21st Century (LCSA) for failing to revitalize public confidence in federal chemical control law.

Franklin and his co-author, a senior attorney at Eastman Chemical Company, write that several problems have emerged since the passage of the LCSA. The first, they say, is a timing issue with the law having led to a sizable backlog of chemical submissions before the Environmental Protection Agency (EPA). The second is that it has led to far more onerous restrictions on new products than were previously in place.

This, in turn, has exacerbated a problem called “‘new chemical bias’ wherein review delays, testing requirements, onerous use restrictions, and import/export reporting requirements discourage the use, and sometimes the commercialization, of new safer chemicals, leaving more dangerous but less regulated existing chemicals as the only market options.”

Ultimately, the article says, tens of thousands of possibly risky existing chemicals will remain unregulated as a result of the new law. The authors add that if the EPA does not change its implementation, the law “will turn out to have been a bad bargain for everyone—the public, the environment, and industry.”

Please click here to read the full article.