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Water Law

Pace University

Pace Environmental Law Review

2020

Toxic Substance Control Act

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Omnipresent Chemicals: Tsca Preemption In The Wake Of Pfas Contamination, Frederick A. Mcdonald Jan 2020

Omnipresent Chemicals: Tsca Preemption In The Wake Of Pfas Contamination, Frederick A. Mcdonald

Pace Environmental Law Review

Over the past few decades, studies addressing the harms of PFAS have gradually progressed, and now scientists believe increased exposure could lead to reproductive defects and a higher risk of cancer. Given the amplified concern surrounding these pervasive chemicals, states are proactively filing lawsuits on behalf of their citizens and enacting legislation to combat this nation-wide contamination epidemic. However, given the 2016 Amendment to the Toxic Substances Control Act of 1976, states looking to regulate the manufacturing or looking to ratify a state- wide ban on the manufacturing of such chemicals may face preemption under actions taken by the United …