EPA’s “Anti-Environment” Regulation and Toxic Substance Control Act Issues

Today, we submitted another comment to the  EPA.

It said in pertinent part:

A frightening feature of the EPA’s proposed “Anti-Environment” Regulation (now championed by Mr. Wheeler) is that it will undo years of efforts to reduce the hazards created by toxic substances.

TSCA was enacted in part because of solid scientific studies that established the general risks caused by the toxic that are now pervasive. See generally, David Markell, An Overview of TSCA, Its History and Key Underlying Assumptions, and Its Place in Environmental Regulation, 32 Wash. U.J.L. & Pol’y 333 (2010).

“[T]he National Cancer Institute has estimated that 60 to 90 percent of the cancers occurring in this country are a result of environmental contaminants. Many doctors and scientists now believe that cancer, which has been projected to kill as many Americans in 1975 as all the battle deaths in Vietnam, Korea, and the Second World War combined, appears particularly susceptible to a preventive approach through control of toxic substances.” Id. at 341 (quoting Senator Tunney).

Good public policy requires both EPA and our elected officials to carefully consider, and if appropriate, to rely on the available data and studies. The proposed regulation is nothing short of a brazen attempt to undercut the progress we have made.

Additionally, the TSCA story provides further evidence that NEPA requires EPA to prepare a thorough EIS before it adopts the proposed regulation.

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