Overview
Steptoe Chemical, Environmental and Life Sciences partner Michael Boucher was quoted in a Chemical Watch News & Insight article, "US NGO resumes citizen enforcement of TSCA violations." The article discusses a California NGO, the Center for Environmental Health (CEH), resuming legal action against companies allegedly failing to submit reports under TSCA's Chemical Data Reporting (CDR) Rule for imported substances. CEH filed a lawsuit against a Tennessee-based formulator and settled with a Texas company over unreported chemical imports. These actions aim to ensure that companies comply with the CDR Rule, particularly for imported chemicals.
In the article, Boucher said that citizen suits and EPA enforcement actions differ in several ways; for example, a citizen bringing a lawsuit in federal district court can seek only injunctive relief against an alleged violator but can recoup attorney and witness fees and other costs of suit. Regardless of who is doing the enforcing, "accurate and complete CDR rule reporting remains important to many core TSCA programmes and activities."
Read more at Chemical Watch (subscription required).
