Charles Franklin Quoted by Bloomberg BNA on Toxic Controls Regulation

Akin Gump environment and natural resources senior counsel Charles Franklin has been quoted in the Bloomberg BNA Chemical Regulation Reporter article “New Toxic Controls to Emerge in Chemical Sector’s March Madness” which looks at efforts by chemical makers, trade associations, environmentalists and others to shape how the Environmental Protection Agency (EPA) uses new oversight over chemicals in commerce.

The article reports that these groups are preparing comments on a range of topics to help update the EPA’s new mandate to identify and manage more thoroughly the risks posed by chemicals used by businesses and consumers. The response will help determine the shape of a law passed last year that will overhaul what some have said is too loose an approach to regulating toxics in commerce and the environment. The law might also affect what is described as “a patchwork” of state chemical labeling, disclosure rules and controls that make compliance difficult for national firms and may wrongly ban needed chemicals.

Speaking about the proposed rules, Franklin said he has not seen “an equivalent clustering of framework rulemaking proposals during the past 25 years, including the periods after passage of the 1992 Lead-Based Paint Hazard Reduction Act and the 1996 Food Quality Protection Act (FQPA)” that governs pesticides. He added, “The post-FQPA period is probably the closest analogy but, even then, the actions were more spread out—and EPA had significantly more staff and resources to meet its obligations.”