{"title":"Omnipresent Chemicals: TSCA Preemption in the Wake of PFAS Contamination","authors":"Frederick A. McDonald","doi":"10.1080/10406026.2020.1754631","DOIUrl":null,"url":null,"abstract":"Abstract Given the amplified concern surrounding PFAS, states are proactively filing lawsuits on behalf of their citizens and enacting legislation to combat this nation-wide contamination epidemic. However, given the 2016 Amendment to the Toxic Substances Control Act, states looking to regulate the manufacturing or looking to ratify a state-wide ban on the manufacturing of such chemicals may face preemption under actions taken by the U.S. EPA. This article focuses on the possible loss of state autonomy with regards to PFAS regulation and addresses issues states might face given the restrictive nature of the newly enacted preemption provisions of TSCA.","PeriodicalId":11761,"journal":{"name":"Environmental Claims Journal","volume":null,"pages":null},"PeriodicalIF":0.0000,"publicationDate":"2020-01-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10406026.2020.1754631","citationCount":"3","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Environmental Claims Journal","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/10406026.2020.1754631","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"Environmental Science","Score":null,"Total":0}
引用次数: 3
Abstract
Abstract Given the amplified concern surrounding PFAS, states are proactively filing lawsuits on behalf of their citizens and enacting legislation to combat this nation-wide contamination epidemic. However, given the 2016 Amendment to the Toxic Substances Control Act, states looking to regulate the manufacturing or looking to ratify a state-wide ban on the manufacturing of such chemicals may face preemption under actions taken by the U.S. EPA. This article focuses on the possible loss of state autonomy with regards to PFAS regulation and addresses issues states might face given the restrictive nature of the newly enacted preemption provisions of TSCA.
期刊介绍：
The Environmental Claims Journal is a quarterly journal that focuses on the many types of claims and liabilities that result from environmental exposures. The ECJ considers environmental claims under older business insurance policies, coverage and claims under more recent environmental insurance policies, as well as toxic tort claims. Exposures and claims from all environmental media are considered: air, drinking water, groundwater, soil, chemicals in commerce and naturally occurring chemicals. The journal also considers the laws, regulations, and case law that form the basis for claims. The journal would be of interest to environmental and insurance attorneys, insurance professionals, claims professionals, and environmental consultants.
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