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The Price of Reform: Models for Financing a Toxic Substances Control Act 2.0

May 2015

Citation: 45 ELR 10405

Issue: 5

Author: Charles Franklin, Scott Schang, Alexandra Dapolito Dunn, John Broderick, Keith Matthews, Nathan Brown, and Herb Estreicher

At the start of the 114th Congress, lawmakers from both parties in the House and the Senate have voiced support for reviewing and reforming the 39-year old Toxic Substances Control Act (TSCA). Assuming that the diverse TSCA stakeholder community can find agreement on the many scientific, policy, and legal issues implicated by TSCA reform, lawmakers will still have to address two other critical issues necessary for long-term success: (1) what levels of initial and long-term program staffing and funding will be needed to implement a program responsible for overseeing tens of thousands of existing chemical substances and uses, and thousands of new chemical substances and uses each year; and (2) what regulatory financing mechanism can ensure that any reformed chemical control framework (TSCA 2.0) provides adequate and consistent funding needed to assure the safety of chemicals, maintain public confidence, and meet statutory deadlines? On February 5, 2015, the American Bar Association’s Section on Environment, Energy, and Resources, Committee on Pesticides, Chemical Regulation and Right to Know, Special Committee on Congressional Relations, and the Environmental Law Institute co-sponsored a two-hour program that brought together experts and stakeholders from across the political spectrum to discuss these and related issues. Below, we present a transcript of the event, which has been edited for style, clarity, and space considerations.

Charles Franklin (moderator) is Senior Counsel at Akin Gump Strauss Hauer & Feld LLP. Scott Schang is Acting President of the Environmental Law Institute (ELI). Alexandra Dapolito Dunn is Executive Director and General Counsel of the Environmental Council of the States. John Broderick is a Law Fellow at ELI. Keith Matthews is Counsel at Sidley Austin LLP, former Division Director at the U.S. Environmental Protection Agency’s Office of Pesticide Programs. Nathan Brown is Partner at Akin Gump Strauss Hauer & Feld LLP, formerly Attorney with the U.S. Food and Drug Administration. Herb Estreicher is Partner with Keller & Heckman LLP.

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