THE STATES AND THE WORLD: TWIN LEVERS FOR REFORM OF U.S. FEDERAL LAW ON TOXIC CHEMICALS

This research paper argues that the U.S. federal Toxic Substances Control Act (TSCA) of 1976 has failed to effectively manage industrial chemicals, leading many U.S. states to enact their own stricter regulations. The author contends that this state-level activism, combined with international regulatory trends—specifically in the European Union—is creating the necessary political pressure for a comprehensive overhaul of federal chemical policy.

• The Toxic Substances Control Act (TSCA) of 1976 is described as incapable of meeting its public health goals due to a high burden of proof on the EPA to demonstrate unreasonable risk and a requirement that any regulatory action be the 'least burdensome' option. The EPA has issued toxicity testing regulations for fewer than 200 of the 62,000 substances existing at the time of the law's passage.
• Due to federal inaction, U.S. states have increasingly passed their own laws to regulate toxic chemicals. A primary example is the regulation of polybrominated diphenyl ethers (PBDEs); California passed the first restriction in 2003, and by 2007, a total of eleven states had enacted comparable laws.
• State-level chemical policy is being driven by three factors: accumulating scientific evidence of chemical threats to public health, legal and political obstacles at the federal level, and parallel international regulatory developments and market shifts.
• International frameworks are providing data and political momentum for U.S. state actions. These include the European Union's RoHS Directive, the 2001 Stockholm Convention on Persistent Organic Pollutants (POPs), and the EU's REACH regulation, which shifts the burden of proof to industry for chemicals made or imported in the EU above one metric ton per year.
• The author identifies a set of principles for chemical reform, mirrored in the Louisville Charter for Safer Chemicals and the Copenhagen Charter for Safer Chemicals, which include requiring safer substitutes, phasing out persistent bioaccumulative toxics, and ensuring the public's right-to-know.
• While the 'Kid Safe Chemicals Act' proposed major amendments to TSCA—including mandatory biomonitoring and green chemistry funding—it expired without a hearing. The author suggests that continued state action is essential to broaden the constituency for such federal reform.

APA

Ditz, D. W. (2007). THE STATES AND THE WORLD: TWIN LEVERS FOR REFORM OF U.S. FEDERAL LAW ON TOXIC CHEMICALS. Center for International Environmental Law. https://www.ciel.org/wp-content/uploads/2015/03/TheStatesandtheWorld_SDLPFall2007.pdf

Chicago

Ditz, Daryl W. THE STATES AND THE WORLD: TWIN LEVERS FOR REFORM OF U.S. FEDERAL LAW ON TOXIC CHEMICALS. Center for International Environmental Law, 2007. https://www.ciel.org/wp-content/uploads/2015/03/TheStatesandtheWorld_SDLPFall2007.pdf.

Wikipedia

{{cite report |last1=Ditz |first1=Daryl W. |title=THE STATES AND THE WORLD: TWIN LEVERS FOR REFORM OF U.S. FEDERAL LAW ON TOXIC CHEMICALS |publisher=Center for International Environmental Law |date=2007 |url=https://www.ciel.org/wp-content/uploads/2015/03/TheStatesandtheWorld_SDLPFall2007.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{ditz2007states, author = {Ditz, Daryl W.}, title = {{THE STATES AND THE WORLD: TWIN LEVERS FOR REFORM OF U.S. FEDERAL LAW ON TOXIC CHEMICALS}}, institution = {Center for International Environmental Law}, year = {2007}, url = {https://www.ciel.org/wp-content/uploads/2015/03/TheStatesandtheWorld_SDLPFall2007.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }