In reviewing the statute, regulations, guidance and case law utilized in implementing the Toxic Substances Control Act (TSCA), the ABA SEER Pesticide, Chemical Regulation and Right-to-Know Committee, with the support of the Section’s Special Committee on Congressional Relations, developed this paper on the interplay of federal statutory law and state common law to provide a frame of reference for the selection of statutory language regarding federal preemption, particularly in regards to the effect of the proposed statutory amendments on state tort actions. A tort suit is filed by a person who claims to have suffered an injury from a wrongful act (tort originates from the French phraseology avoir tort or “to be wrong”). Plaintiffs in a tort action are seeking compensation for their alleged injuries. These are lawsuits are filed not only to obtain money, but also to discourage certain types of actions and to encourage people not to harm others by their actions.