Federal Preemption of States Under Current TSCA Reform

Fact Sheet
Mike Belliveau

The current Toxic Substances Control Act (TSCA) is nearly four decades old and badly broken. The Frank R. Lautenberg Chemical Safety for the 21st Century Act (S.697) aims to resolve this but does not address one of the key issues, preemption. This is an analysis of federal preemption of the states under current TSCA reform.