A federal judge has ordered a first-time citizen suit under the revised Toxic Substances Control Act (TSCA) to proceed in a virtual bench trial later this year due to the coronavirus pandemic despite objections from the plaintiffs who had won the right to a de novo proceeding where they will be able to present new evidence to the court.
“I’m going to go forward with the June trial date, I am convinced there is enough technology,” Judge Edward Chen told parties to the litigation April 10. “We are doing all sorts of things [virtually], arraignments . . . things we would never have thought of, out of necessity.”
Chen added that while it “would be nice to do what we originally planned but we’re in crisis and we’re going to have to move forward.”
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