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ARTICLE · 20 JUNE 2012

Do I Detect A Pattern? Congressional Inaction On TSCA Leads To Scattershot State Regulation

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Yogi Berra is credited with the phrase "déjà vu all over again."

United StatesEnvironment
Seth Jaffe
Seth Jaffe
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Yogi Berra is credited with the phrase "déjà vu all over again." Today's environmental law manifestation of Yogi's phenomenon stems from the current gridlock in Congress. A story last week in the Daily Environment Report noted that, following Congressional failure to enact TSCA reform, 30 states (give or take, apparently) have either passed some kind of chemical management law or issued an executive order addressing the issue of toxics control.

And thus we have a result that pleases no one. Environmentalists are upset because there is still no comprehensive reform – 20 states (give or take!) do not have toxics regulation. Manufacturers and many end users of chemicals are upset because they now must comply with a patchwork of state laws.

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