Today EPA released a list of the first ten chemicals it will evaluate for risks to human health and the environment under the reformed Toxic Substances Control Act (TSCA). These ten chemicals, drawn from a list of 90 in EPA’s 2014 TSCA Work Plan, will undergo complete risk evaluations within three years. If EPA finds […]
A look at the risks the substance presents, efforts to ban its continued use in the United States, and the role of TSCA reforms
Today millions of people will tune in to watch the first 2016 Presidential Debate. I’m popping the popcorn for what promises to be quite the spectacle! But while the debate takes center stage, other events make today significant as well. Most important for me, September 26th marks the 12th annual Mesothelioma Awareness Day in the […]
Should We Take Into Account Government Subsidies that Reduce the Risks Borne by the Nuclear Industry as We Consider Our Energy Future?
As I’ve written about before, U.S. law massively subsidizes the nuclear power industry. In particular, a law called the Price-Anderson Nuclear Industries Indemnity Act dramatically skews the incentives to develop nuclear plants, and to site them in places where there is a lot of risk, because it requires the public to bear much of the […]
California Attorney General, L.A. District Attorney File New Enforcement Prosecutions
The massive leak from Southern California Gas Company’s Aliso Canyon natural gas field in northwestern Los Angeles County was discovered on October 23rd of last year and, more than three months later, shows no sign of abating. Public prosecutors have pretty clearly lost patience with SoCal gas and its ineffective remediation efforts to date. This […]
Three Interesting Notes About Lead Regulation and Exposure
At this point, you would need to be a hermit to have missed the news coverage of elevated levels of lead in the drinking water in Flint, MI. (Although even that might not be a valid excuse given an ancient, anonymous Roman hermit described lead poisoning). The short version is: in April 2014 a cash […]
A New Chapter In the Effort To Reform Federal Chemical Regulation For the First Time in 40 Years
In a striking turn of events, last night the Senate passed a newly revised version of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, which would reform the Toxic Substances Control Act (TSCA) for the first time in four decades. A summary of the bill’s provisions and analysis of the differences between […]
EPA’s pesticide registration efforts trigger forceful response
Judge McKeown of the 9th Circuit Court of Appeals recently wrote of the EPA, “Although filibustering may be a venerable tradition in the United States Senate, it is frowned upon in administrative agencies tasked with protecting human health.” Yikes. What did the EPA do to elicit such a reaction from a federal judge? The short […]
Chemical Used in Teflon Linked to Numerous Health Problems, but its Use is Still Legal Under TSCA
Yesterday, a jury in the Southern District of Ohio found DuPont liable for a woman’s kidney cancer in the first of 3,500 suits the company faces. The cases all stem from DuPont’s use and disposal of perflourooctanoic acid (PFOA) or C8. The chemical is used to make Teflon, among other things, and the most recent […]
The opinion seems likely to have very limited repercussions.
In bringing the mercury rule to the Supreme Court, industry was hoping for a ruling that EPA had to balance costs and benefits (and could only include benefits relating to mercury). What they got was far less than that. Here, I’d like to address some key questions about the opinion. 1. When does EPA have […]
This was not a great decision for EPA, but it could have been much worse.
The Court has just now decided the Michigan case, involving EPA’s mercury regulation. As Ann Carlson explained in an earlier post, a lot was at stake in the case. The Court ruled 5-4 against EPA. This passage seems to be key to the Court’s reasoning: One would not say that it is even rational, never mind […]