Strategy:
- EPA sets limits on pollutants
- Public can sue EPA to reconsider these limits
- used successfully in 2024 anti-Fluoride lawsuit
- Lawsuit is contingent on the existing scientific evidence. The judge determines what the consensus is. Research, literature reviews, and expert testimony are important.
How Does It Work?
How Are New Chemicals Reviewed?
Defined here: 15 USC Ch. 53: Toxic Substances Control Act
Major Problem!
Chemicals that existed before 1976, when the TSCA was passed, are grandfathered in! This means they are not subject to new chemical review. They are assumed safe! Procedurally, this means they were automatically added to the "TCSA Inventory".
source
Ongoing Updates
Trump Admin Environment Rollbacks#Toxic Substances Control Act Risk Evaluation Changes