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The “Most Contentious Issue” — Federal Preemption in the Amended Toxic Substances Control Act

July 30, 2016

JD Supra

July 28, 2016

by Stanford BairdMaureen O’Dea BrillCliff RothensteinEdward Sangster

Recently signed into law, the Frank R. Lautenberg Chemical Safety for the 21st Century Act (the “Lautenberg Act”), significantly reforms the 1976 Toxic Substances Control Act (“TSCA”) and includes important provisions regarding federal preemption of state laws regulating chemicals.  Federal preemption issues related to TSCA reform had been discussed for years, and Senator James Inhofe (R-OK) described the preemption provisions in the Lautenberg Act as “the most contentious issue of the negotiations as well as the most important linchpin in the final deal” this year.  By examining the compromise reached by Congress, this alert focuses on how TSCA, as amended, preempts state regulation of chemicals and preserves certain state laws and regulatory authority, and notes how businesses can best position themselves to prepare for the new requirements.

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