TSCA Roundup: Existing Chemical Regulation Under The Second Trump Administration's EPA

Highlights

• The U.S. Environmental Protection Agency (EPA) under the second Trump Administration has begun to shift the Biden Administration's policies related to the review of existing chemicals under Section 6 of the Toxic Substances Control Act (TSCA). However, ongoing litigation and court-approved and statutory deadlines could complicate these efforts, and delays raise the possibility that states could take action on some chemicals before TSCA's more stringent preemption provisions take effect (when risk management rules are finalized).
• The Biden-era 2024 Risk Evaluation Framework Rule (2024 Rule) and all five of the chemical risk management rules finalized by the Biden Administration EPA have been challenged in federal court by industry, labor and environmental groups. The litigation has been largely placed on pause as a result of the Trump Administration EPA's expressed intent to reconsider and revise the 2024 Rule and risk management rules finalized by