The Biden Administration Is Sharpening The TSCA's Sword

Law360 (May 6, 2021, 5:22 PM EDT) -- The Toxic Substances Control Act, enacted in 1976, authorizes the U.S. Environmental Protection Agency to regulate the manufacture or importation of new and existing chemicals. The TSCA's regulations include reporting, record-keeping and testing requirements.

The TSCA's scope is very broad — reaching any entity that manufactures, imports, processes, distributes in commerce, uses or disposes of a chemical substance, regardless of the industry sector. In June 2016, Congress passed the Lautenberg Act, which sharpened the TSCA's tools for assessment and regulation of both existing and new chemical substances in the marketplace.

Consequently, the Trump administration was the first administration with the opportunity...

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