Overview
Steptoe partner Michael Boucher was quoted in a recent Chemical Watch article, "Industry Groups Highlight US State Chemical Laws That Could Hinder National Economy," which examines how a growing patchwork of state-level chemical restrictions, particularly on PFAS, may conflict with federal mandates and disrupt interstate commerce.
The article discusses industry responses to a US Department of Justice request for information on state actions that could adversely affect the national economy. Trade groups argue that inconsistent state laws create compliance challenges and threaten supply chain efficiency.
Michael commented on the legal complexities of federal preemption under TSCA: "Congress has preempted state law in many areas," Michael said. "But when there is a conflict between state and federal requirements, federal law may preempt state law only to some extent and not completely." He added that while some state laws might be preempted under current statutes, "it may be hard to use the existing statutes as presently worded to preempt the kinds of state-law PFAS bans and reporting requirements that we are seeing."
