David Fischer Quoted in Bloomberg Law Article on Litigation Shaping Future Chemical Policies

Keller and Heckman Counsel David Fischer was quoted in the Bloomberg Law article, “Trump’s EPA Hints at Chemical Plans in Litigation of Biden-Rules.” The article indicates that lawsuits over Biden-era regulations are revealing policy goals for the U.S. Environmental Protection Agency (EPA), but ongoing litigation is limiting what specific information the agency can announce.

In other words, “One of the challenges EPA faces is the litigation, which can constrain what the agency is allowed to say in terms of what it wants to do,” explained David.

One TSCA policy that the EPA is rethinking under Trump includes determining “unreasonable risk.”

“EPA equates unreasonable risk with any risk,” said David. He also mentioned that the Fifth Circuit seems willing to address this issue and if the EPA revises its risk evaluation rule, it must provide more boundaries around what is and isn’t unreasonable risk.

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