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Growing EPA Scrutiny of CBI Claims Raises Litigation Stakes

In 2010, EPA announced sweeping changes to its policies on confidentiality claims asserted under the Toxic Substances Control Act. Although intended to increase transparency, EPA's trend toward rejecting most confidentiality designations and declassifying historical submissions also has serious collateral implications for companies subject to TSCA requirements. As discussed below, one of the most glaring consequences may be new toxic tort and environmental claims against chemical businesses.

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