Law360, New York (January 20, 2016, 11:20 AM EST) -- Selecting a toxicity value for use in setting regulatory limits raises questions "on the frontiers of science," which require a delicate balancing of the science with "policy judgments." Such calculations can well "lead to risk estimates that, although plausible, are believed to be more likely to overestimate than to underestimate the risk to human health and the environment." Increasingly, such regulatory risk decisions may involve unarticulated, nontransparent agency practices and preferences. Because all the draft bills reforming the Toxic Substance Control Act (TSCA) contemplate increasing the number of substances whose risk will be assessed or reassessed, and other U.S. Environmental Protection...
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