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 States Environmental Protection Agency.
This Note focuses on the possible loss of state autonomy with regards to PFAS regulation. It addresses the issues states might face given the restrictive nature of the newly enacted preemption provisions of the Toxic Substances Control Act, while also examining the Act’s possible deficiencies. Ultimately, recognizing a need for creative solutions outside the scope of manufacturing regulations may provide the best solutions for states to combat these ubiquitous chemicals.
Recommended CitationFrederick A. McDonald, Omnipresent Chemicals: TSCA Preemption in the Wake of PFAS Contamination, 37 Pace Envtl. L. Rev. 139 (2019)
Available at: https://digitalcommons.pace.edu/pelr/vol37/iss1/4