Analysis: TSCA reform bill faces challenges in the House

06/3/2013 | Bloomberg BNA (free content)

The pending bill to reform the Toxic Substances Control Act has raised hopes because of bipartisan support, but the measure's passage is by no means a given, industry analysts say. One possible "deal breaker" is language that would make a safety determination from the Environmental Protection Agency "determinative" and therefore admissible in toxic tort cases, said Herbert Estreicher of law firm Keller and Heckman. "The best case is that the Senate, after due deliberation, passes it by a large margin including a large number of Republicans," said Mark Duvall of Beveridge & Diamond.

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