TSCA Reform – Five Years Later

When
June 30, 2021 9:00 am — 4:30 pm
Where
Webinar Only

An ELI, Bergeson & Campbell, P.C., and the George Washington University Milken Institute School of Public Health Co-Sponsored Annual Conference

This conference marks the fifth annual Toxic Substances Control Act Annual Conference, expanding upon TSCA Reform – Four Years Later, TSCA: Three Years Later, TSCA Reform at 2 Years and TSCA Reform: One Year Later. Leading panelists will reflect on the challenges and accomplishments since the implementation of the 2016 Lautenberg Amendments and where the Toxic Substances Control Act (TSCA) stands today.

Panelists will dive into a host of topics, including the systems of risk evaluation and risk management, environmental justice, regulating per- and polyfluoroalkyl substances (PFAS), new chemicals, and more. Join ELI, Bergeson & Campbell, P.C., the George Washington University Milken Institute School of Public Health, leading experts, and distinguished keynote speakers for a robust exploration of the issues and regulations surrounding TSCA.

AGENDA
9:00 AM - 9:30 AM

Welcome and Overview of Virtual Forum
Lynn R. Goldman, M.D., M.S., M.P.H.
, Michael and Lori Milken Dean, Milken Institute School of Public Health, Professor of Environmental and Occupational Health, George Washington University

9:30 AM - 10:00 AM

Morning Keynote Discussion
Michal Ilana Freedhoff, Ph.D., Assistant Administrator, Office of Chemical Safety and Pollution Prevention, U.S. Environmental Protection Agency (EPA)

10:00 AM - 10:45 AM

Panel 1: Risk Evaluation under TSCA
With the Environmental Protection Agency (EPA) under the Trump administration completing 10 evaluations and the EPA conducting another 23 under the Biden administration, there are differences of opinion over what the law requires and the best way to assess chemical risks.  This panel will share perspectives on these issues and discuss whether and how the new administration might revisit the 10 completed evaluations.

Panelists:
Robert  M. Sussman
, Principal, Sussman & Associates, Moderator
Ryan Carra, Ph.D., Principal, Beveridge & Diamond, P.C.
Penny Fenner-Crisp, Ph.D., Environmental Protection Network
Suzanne Hartigan, Ph.D., Senior Director, American Chemistry Council
Jon Kalmuss-Katz, Supervising Staff Attorney, Earthjustice

10:45 AM - 11:00 AM

Break

11:00 AM - 11:45 AM

Panel 2: Risk Management under TSCA
The new regulatory frontier associated with the 2016 TSCA amendments is determining how best to manage chemical risks found to be unreasonable. This panel will discuss EPA’s authority under the Lautenberg amendments and options for deploying its risk management authority.

Panelists:
Jeffery T. Morris, Ph.D.
, Jeff Morris Solutions, LLC, Moderator
Eve C. Gartner, Managing Attorney, Toxic Exposure & Health Program, Earthjustice
Randy S. Rabinowitz, Executive Director, OSH Law Project LLC
Sara Beth Watson, Of Counsel, Steptoe & Johnson LLP
Kimberly Wise White, Ph.D., Vice President, Regulatory and Technical Affairs, American Chemistry Council

11:45 AM - 12:30 PM

Panel 3: TSCA and Environmental Justice
The TSCA amendments offer enormous opportunities to help eliminate environmental injustice by evaluating and managing chemical risks. This panel will consider how TSCA can be leveraged to address concerns regarding environmental justice.

Panelists:
Lynn L. Bergeson
, Managing Partner, Bergeson & Campbell P.C., Moderator
Dianne Barton, Council Chair, National Tribal Toxics Council
Marianne Engelman Lado, Deputy General Counsel, Environmental Initiatives, Office of General Counsel, U.S. Environmental Protection Agency
Timothy W. Hardy
, Partner, Breazeale, Sachse & Wilson, L.L.P.
Adrienne Hollis, Ph.D., Senior Climate Justice and Health Scientist, Union of Concerned Scientists

12:30 PM - 1:30 PM

Luncheon Keynote
Bonnie Englebardt Lautenberg   

1:30 PM - 1:45 PM

Break

1:45 PM - 2:45 PM

Panel 4: New Chemical Review
The TSCA new chemical program was modified in the 2016 amendments and what the law requires has been vigorously debated. This panel will discuss the evolution of EPA’s implementation of Section 5 the last administration and now under the Biden administration.

Panelists:
Lawrence E. Culleen
, Partner, Arnold & Porter Kaye Scholer LLP, Moderator
Alexandra Dapolito Dunn, Partner, Baker Botts L.L.P.
Richard A. Denison, Ph.D., Lead Senior Scientist, Environmental Defense Fund
Richard E. Engler, Ph.D., Director of Chemistry, Bergeson & Campbell, P.C.
Daniel Rosenberg, Director, Federal Toxics Policy, Healthy People & Thriving Communities Program, Natural Resources Defense Council

2:45 PM - 3:00 PM

Break

3:00 PM - 3:45 PM

Panel 5: TSCA and PFAS
This panel will address how TSCA authorities can be used to address concerns about both new and existing PFAS, as this class of substances continues to gain significant attention.

Panelists:
Robert M.  Sussman, Principal, Sussman & Associates, Moderator
Dennis R. Deziel, Bergeson & Campbell P.C. and former Administrator, Region I, U.S. Environmental Protection Agency
Liz Hitchcock, Director, Safer Chemicals Healthy Families
Robert J. Simon, Vice President, Chemical Products and Technology and Chlorine Chemistry, American Chemistry Council
Betsy Southerland, Issue Team, Toxic Substances Control Act (TSCA), Environmental Protection Network

3:45 PM - 4:15 PM

Panel 6: TSCA Litigation Update
Unsurprisingly, TSCA litigation is on the rise five years into implementation of the new law. This panel will discuss key issues in dispute and where the courts might be headed.

Panelists:
Lynn L. Bergeson
, Managing Partner, Bergeson & Campbell P.C., Moderator
Martha E. Marrapese, Partner, Wiley Rein LLP
Gavin McCabe, Special Assistant Attorney General, New York State Office of Attorney General

4:15 PM - 4:30 PM

Concluding Remarks and Adjournment
Scott Fulton, President, Environmental Law Institute
John Pendergrass, Vice President, Programs & Publications, Environmental Law Institute

Materials:
Suggested Readings
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