American Bar Association
Pesticides, Chemical Regulation, and Right-To-Know
American Bar Association Energy and Resources Committees

Pesticides, Chemical Regulation, and Right-To-Know

Committee Related Events


Thursday, February 5, 2015: Committee Program Call - A Policy Roundtable Lunch Discussion: The Price of Reform: Models for Financing a Toxic Substances Control Act 2.0 (TSCA2.0)

Sponsored by:
ABA Section of Environment, Energy, and Resources (SEER), SEER Pesticides, Chemical, Regulation and Right to Know Committee, SEER Special Committee on Congressional Relations, and the Environmental Law Institute

View the PowerPoint presentation.

Two ways to participate:
(1) In-person:
Hosted by Akin Gump Strauss Hauer & Feld
1333 New Hampshire Ave., NW, Washington, DC, 20036
11:30 a.m. – 2:00 p.m.
Questions about this location can be directed to: Denise Schellin, (202) 887-4000

(2) Teleconference Call-In Participation
12:00 p.m. – 2:00 p.m.

If you have registered and have not yet received the dial-in information, please contact Cristina Vautier at

Teleconference participants will be able to submit questions and comments to Charles Franklin at, with the Subject Line: “TSCA2.0”

Program Summary

At the start of the 114th Congress, lawmakers from both parties in the House and the Senate have voiced support for reviewing and reforming the 36-year old Toxic Substances Control Act (TSCA). Assuming that the diverse TSCA stakeholder community can find agreement on the many scientific, policy, and legal issues implicated by TSCA reform, lawmakers will still have to address two other critical issues necessary for long-term success.

1. What levels of initial and long-term program staffing and funding will be needed to implement a program responsible for overseeing tens of thousands of existing chemical substances and uses, and thousands of new chemical substances and uses each year?

2. What regulatory financing mechanism can ensure that any reformed chemical control framework (TSCA2.0) provides adequate and consistent funding needed to assure the safety of chemicals, maintain public confidence, and meet statutory deadlines?

The 2-hour lunch-time program will bring together experts and stakeholders from across the political spectrum to discuss these and related issues. During the first half hour, legal experts will offer brief “primer” presentations on assorted financing mechanisms used in chemical regulatory programs in the US, Canada, and European Union. During the remaining ninety minutes of the Roundtable program, participants will engage in a facilitated discussion on how these and other potential financing models could be tailored to address the unique and ambitious objectives reflected in recent proposals for TSCA reform.


11:30 a.m. Registration and Lunch for On-Site Participants

12:00 p.m. Hard start for Program and Teleconference

12:00 p.m. Welcome and Review of Program and Format

  • Charles Franklin, Akin Gump, Co-Chair, ABA SEER Special Committee on Congressional Relations
  • Joanne Thelmo, Chair, ABA SEER Pesticides, Chemical Regulation, and Right-to-Know

12:05 p.m. Brief Primers on Alternative Regulatory Funding Models and Challenges

  • U.S. (Pesticides): Keith Matthews, Sidley Austin
  • U.S. (Drugs and Cosmetics): Nathan Brown, Akin Gump
  • EU (Chemicals): Herb Estreicher Keller & Heckman
  • Canada (Chemicals): John Broderick, Environmental Law Institute (ELI)
  • States (Chemicals): Alexandra Dunn, Env. Council of the States (ECOS)

12:40 p.m. Facilitated Roundtable Discussion with Interested Stakeholders

  • Assessment of the “annual appropriations” financing model
  • Potential lessons from alternative regulatory financing models
  • Technical, legal, policy, and political considerations for a successful financing system
  • Ideas for structuring financing under a reformed TSCA

1:50 p.m. Wrap up

  • Charles Franklin, Akin Gump, Co-Chair, ABA SEER Special Committee on Congressional Relations
  • Joanne Thelmo, Chair, ABA SEER Pesticides, Chemical Regulation, and Right-to-Know Committee
  • Scott Schang, Acting President, Environmental Law Institute

2:00 p.m. Close


Toxic Substances Control Act (TSCA) Reform

The American Bar Association Section of Environment, Energy, and Resources Pesticide, Chemical Regulation and Right-to-Know Committee, with the support of the Section’s Special Committee on Congressional Relations, has developed a legal overview of the current TSCA statute and four white papers targeting challenging legal issues raised by TSCA reform, including:
  • Management of trade secret and confidential business information.
  • Development of federal pre-emption policies governing state tort law.
  • Development of federal pre-emption policies governing state statutes and regulation.
  • Development of appropriate legal standards to guide regulatory action.

These papers can be found on SEER’s new Toxic Substances Control Act (TSCA) Reform Page.

Message from the Chair

Dear Friends and Colleagues,

Thank you for your interest in the Pesticide, Chemical Regulation, and Right to Know Committee (PCRRTK) website!

I wish to express my sincere gratitude to former chair Martha Marrapese and to those who led our Committee since its inception. Their leadership has enabled our Committee to flourish with an espirit de corps that makes it a privilege and honor to serve as your Chair. Indeed, the Section awarded the PCRRTK Committee two awards for the 2013-2014 ABA Year: Best Committee - Environmental and Best Newsletter.

At the forefront, our Committee strives to provide opportunities for profession discourse, substantive information exchange and legal scholarship within the diverse bar of attorneys interested or involved in pesticide, chemical, and information disclosure law and policy. We address these goals by encouraging broad participation in our programs, publications, and policy dialogues, and by developing programs and materials of value to law students, private, non-profit, and government practitioners.

So, what will the PCRRTK world look like in 2014-2015? Here's a glimpse:

  • Quarterly Newsletter (November, January, April, June) provides insightful analysis on recent issues and trends in the PCRRTK space as well as publishing opportunities;
  • Monthly Complimentary Friday Forums provide: networking opportunities with colleagues, meetings with thought/government leaders, and the ability to learn about critical issues;
  • Monthly PCRRTK Conference Call, typically held on the 3rd Tuesday at 2:30 ET;
  • Opportunities to: present, network and collaborate with organizations;
  • Programming to be developed: Quick Teleconference/Brown bags/Webinars;
  • 22nd Annual SEER Fall Conference at Trump Doral, October 8-11, 2014.
I invite you to browse our pages to learn more about our Committee. I also encourage you to contact me or any vice chair with your ideas to expand our offerings or resources or questions.

We encourage you to help us develop and expand our portfolio of resources. I look forward to working with you to make this a memorable year.

Joanne Thelmo

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Committee Chair


Thelmo, Joanne

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Modified by Dana Jonusaitis on February 5, 2015

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