AG Frosh Urges U.S. Senate to Maintain States' Abilities to Protect Public from Toxins

Washington, DC Attorney General Brian E. Frosh on Wednesday urged the U.S. Senate to reject a bill that would gut states' abilities to regulate dangerous toxic chemicals. Attorney General Frosh expressed grave concerns about provisions in S. 697, a proposed update to the Toxic Substances Control Act of 1976, which he said would dangerously weaken public protections.

The bill would block state laws and regulations as soon as the Environmental Protection Agency begins the process of considering whether to regulate dangerous substances considered a "high priority." The EPA's review process could take seven years or more, Attorney General Frosh said, during which time the chemicals would remain in use, potentially endangering the public.

"States need the authority to protect our families, because there are times when federal intervention is too slow, or non-existent," Attorney General Frosh said. "States have been on the leading edge of protection, and we need to remain there."

Attorney General Frosh noted that several states, including Maryland, banned bisphenol A, or BPA, from baby bottles and sippy cups years before the Food and Drug Administration adopted similar restrictions.

"I was in the state legislature when Maryland passed laws to ban the sale of children's products containing lead, and restricting cadmium in children's jewelry," he said. "It would be a tragedy if Maryland and other states were prevented from enforcing these important measures."

Attorney General Frosh testified on Wednesday before the U.S. Senate Committee on the Environment and Public Works. In addition, Attorney General Frosh joined with his counterparts in New York, Iowa, Maine, Oregon and Washington in delivering a letter to Committee Chairman Sen. James M. Inhofe outlining their concerns with the legislation.