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Articles by Herbert Estreicher
TSCA Reform: If Congress Stalls, Where Does Industry Go From Here?
As the September expiration of Toxic Substances Control Act (TSCA) fee authority approaches, industry stakeholders are closely watching efforts in Congress to not only extend the fee authorization but to also reform key elements of the law. While several legislative proposals have emerged, the path to passage remains uncertain, particularly given the need for bipartisan support in the Senate.
Partner Herb Estreicher to Present at Global Chemical Regulatory Developments 2026
Keller and Heckman Partner Herb Estreicher will be presenting at Chemical Watch’s Global Chemical Regulatory Developments, to be held virtually on November 10, 2026. This conference will explore significant developments shaping chemicals management policy and regulatory compliance worldwide in 2026 and beyond.
TSCA Reform: If Congress Stalls, Where Does Industry Go From Here?
As the September expiration of Toxic Substances Control Act (TSCA) fee authority approaches, industry stakeholders are closely watching efforts in Congress to not only extend the fee authorization but to also reform key elements of the law. While several legislative proposals have emerged, the path to passage remains uncertain, particularly given the need for bipartisan support in the Senate.
CNN, BREAKING NEWS: CNN Targeted In Massive CIPA Case Involving A NEW Theory Under Section 638.51!
CNN is now facing a massive CIPA class action for violating CIPA Section 638.51 by allegedly installing “Trackers” on its website. In Lesh v. Cable News Network, Inc, filed in the Superior Court of the State of California by Bursor & Fisher, plaintiff accuses the multinational news network of installing 3 tracking software to invade users’ privacy and track their browsing habits in violation of Section 638.51.
EPA Initiates Prioritization Process on Five Widely Used Chemicals; More to Come
In December 2023, the Environmental Protection Agency (EPA) announced five new chemicals that will be prioritized for risk evaluation as prescribed by Section 6 of the Toxic Substances Control Act (TSCA) as amended in 2016. The chemicals in the spotlight include: Vinyl Chloride Acetaldehyde Acrylonitrile Benzenamine 4,4’-Methylene bis(2-chloroaniline) (MBOCA) Public comment on the prioritization of all the above chemicals is due March 18, 2024.
EPA Proposes to Bar Manufacturing and Processing of 300 PFAS Assumed to be Out of Commerce
The U.S. Environmental Protection Agency (EPA) recently proposed a Toxic Substances Control Act (TSCA) Significant New Use Rule (SNUR) to block companies from manufacturing, importing, or processing over 300 per- and polyfluoroalkyl substances (PFAS) listed on the TSCA Inventory but assumed not to be moving within U.S. commerce because the substances are designated on the Inventory as “inactive.” Per- and Poly-Fluoroalkyl Chemical Substances Designated as Inactive on the TSCA Inventory;...
EPA Amends Regulations Governing Significant New Uses Of Chemical Substances
On July 5, 2022, the U.S. Environmental Protection Agency (EPA) finalized amendments to its general rules for Significant New Use Rules (SNURs) appearing at 40 C.F.R. Part 721. A SNUR is a rule issued by EPA under the authority of Section 5(a) of the Toxic Substances Control Act (TSCA).
EPA Amends Regulations Governing Significant New Uses of Chemical Substances
On July 5, 2022, the U.S. Environmental Protection Agency (EPA) finalized amendments to its general rules for Significant New Use Rules (SNURs) appearing at 40 C.F.R. Part 721. A SNUR is a rule issued by EPA under the authority of Section 5(a) of the Toxic Substances Control Act (TSCA).
EPA Publishes Lists of Manufacturers Subject to TSCA Risk Evaluation Fees | Lexology
On August 26, 2020, the U.S. Environmental Protection Agency (EPA) released interim final lists of manufacturers and importers subject to section 6 risk evaluation fees under the Toxic Substances Control Act (TSCA) (15 U.S.C. § 2601 et seq.).
EPA to Require Up-Front Substantiation of All Non-Exempt Confidential Business Information Claims
The U.S. Environmental Protection Agency (EPA) has published its first guidance document in the Federal Register interpreting the new substantiation requirements for confidential business information (CBI) claims submitted under section 14 of the Toxic Substances Control Act (TSCA) (15 U.S.C. § 2601 et seq.). The Agency is changing its approach to implementing the new substantiation requirements.
EPA Issues Proposal on TSCA Inventory "Reset"
On January 13, 2017, the U.S. Environmental Protection Agency (EPA) published its much anticipated proposed rule to "reset" the Toxic Substances Control Act (TSCA) Chemical Substance Inventory, or more precisely, to subdivide the Inventory into separate lists of "active" and "inactive" substances. 82 Fed Reg. 4,255. The proposal sets forth details of the applicable notification requirements, and establishes exemptions and procedures for handling confidentiality claims.
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