All B&C® News

June 18, 2018
Lynn L. Bergeson and Richard E. Engler, Ph.D., Quoted by Bloomberg Environment Regarding Upcoming EPA Chemical Review Deadlines
On June 18, 2018, Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), and Richard E. Engler, Ph.D., Director of Chemistry, B&C, were quoted in the Bloomberg Environment article “Tidal Wave of Toxics Deadlines Awaits EPA, Industries in 2019.” The EPA needs more staff and money to manage its oversight of both existing and new chemicals, said Lynn Bergeson, managing partner of Bergeson & Campbell, PC in Washington. The agency’s chemicals office “will be torn constantly” over the next two years as to where to deploy its ... read more >
June 14, 2018
Lynn L. Bergeson, Richard E. Engler, Ph.D., And Susan M. Kirsch Contribute To ABA SEER’s The Year In Review 2017
Bergeson & Campbell, P.C. (B&C®) is pleased to announce the publication of The Year in Review 2017: Environment, Energy, and Resources Law by the American Bar Association (ABA) Section of Environment, Energy, and Resources (SEER). The Year in Review 2017 provides an annual summary of developments in environmental, energy, and resources law. B&C Managing Partner Lynn L. Bergeson and Director of Chemistry Richard E. Engler, Ph.D., co-authored the Pesticides, Chemical Regulation, and Right-to-Know 2017 Annual Report, and B&C Government Affairs Advisor Susan M. Kirsch ... read more >
June 13, 2018
Bloomberg Environment Article “Chemical Makers’ Hours Filling Out Forms Prompts EPA Paper Chase” Features Quotes from Richard E. Engler, Ph.D.
On June 13, 2018, Bloomberg Environment quoted Richard E. Engler, Ph.D., Director of Chemistry at Bergeson & Campbell, P.C. (B&C®) regarding an increase in time required for chemical makers to fill out paperwork under the new Toxic Substances Control Act (TSCA).  The Environmental Protection Agency acknowledged the extra work companies are doing through an “emergency” Paperwork Reduction Act request it submitted to the White House Office of Management and Budget. The EPA will publish the request June 14 in the Federal Register . In its ... read more >
June 13, 2018
Inside EPA Quotes NCC in “New Chemicals Group Seeks Refund Information In EPA's TSCA Fees Rule”
On June 13, 2018, Inside EPA included comments from the Toxic Substance Control Act (TSCA) New Chemicals Coalition (NCC) regarding the omission of language in the U.S. Environmental Protection Agency’s (EPA) proposed fee rule about how it will refund companies whose new chemical use applications are not reviewed by the statutory deadline. Bergeson & Campbell, P.C. (B&C®) provides legal counsel to the TSCA NCC. Membership is open to individual chemical companies with a vested interest in the EPA new chemical notification process due to commercial impacts related to past, ... read more >
June 7, 2018
Richard E. Engler Presents “New TSCA and Green Chemistry Innovation” at ACS Green Chemistry & Engineering Conference
Richard E. Engler, Ph.D., Director of Chemistry at The Acta Group (Acta®) and Bergeson & Campbell, P.C. (B&C®), will present “New TSCA and Green Chemistry Innovation” in the “Real-World Sustainability Challenges: Incentives and Barriers to the Use of Green Chemistry in Products” session on June 18, 2018, at the 22nd Annual Green Chemistry & Engineering Conference (GC&E) hosted by the American Chemical Society’s (ACS) Green Chemistry Institute® that is being held June 18-20, 2018, in Portland, Oregon.  ACS GC&E provides an ... read more >
June 5, 2018
Christopher R. Bryant Quoted In Bloomberg Environment Article “Confusion Drives Firms Away From EPA Waste Tracking System”
On July 4, 2018, Christopher R. Bryant, Senior Regulatory Consultant, Bergeson & Campbell, P.C. (B&C®), was quoted by Bloomberg Environment regarding the U.S. Environmental Protection Agency’s (EPA) new electronic tracking system for hazardous waste shipments called e-Manifest. “There is a ton of confusion and trepidation about how this is all going to work,” Christopher Bryant, senior regulatory consultant for Bergeson & Campbell PC in Washington, told Bloomberg Environment. Future manifest system users have peppered the agency with emails for ... read more >
June 4, 2018
Charles M. Auer Quoted By Inside EPA Regarding Reorganization Of EPA's Office of Pollution Prevention and Toxics
On June 4, 2018, Charles M. Auer, Senior Regulatory and Policy Advisor with Bergeson & Campbell, P.C. (B&C®), was quoted in the Inside EPA article “Eying 2018 Deadline, EPA Taps New Division Heads For Reorganized OPPT.” The new reorganization plan is winning approval from former officials. Charles Auer, former director of OPPT and now with the law firm of Bergeson & Campbell, wrote in a recent blog post that dividing the offices to focus on new and existing chemicals generally “makes sense,” he wrote. For example, “merging the existing ... read more >
June 4, 2018
TSCA at 2: An Update on Implementation and Hot Topics
  Monday, June 25, 2018 11:00 a.m. - 12:00 p.m. (EDT)   Register Today   Since enactment on June 22, 2016, of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, the U.S. Environmental Protection Agency (EPA) has implemented a muscular regulatory program expressing Congress’ intent for a new and improved Toxic Substances Control Act (TSCA).  The new TSCA framework required significant work and fundamental shifts in regulatory requirements and conceptual approach, but EPA has hit all of its marks in timely promulgating the rules and fulfilling ... read more >
June 4, 2018
Richard E. Engler, Ph.D. Named Director of Chemistry of The Acta Group and Bergeson & Campbell, P.C.
The Acta Group (Acta®) and Bergeson & Campbell, P.C. (B&C®) are pleased to announce that Richard E. Engler, Ph.D. has been named Director of Chemistry for our firms. Dr. Engler joined Acta and B&C as Senior Chemist in January 2015 after nearly two decades at the U.S. Environmental Protection Agency’s (EPA) Office of Pollution Prevention and Toxics (OPPT) and has offered his extensive understanding of the Toxic Substances Control Act (TSCA) and other regulatory frameworks to assist clients as they develop and commercialize novel chemistries. As Director of Chemistry, ... read more >
May 31, 2018
Christopher R. Bryant Quoted By Bloomberg Environment Regarding EPA’s New Definition of Solid Waste
On May 31, 2018, Christopher R. Bryant, Senior Regulatory Consultant, Bergeson & Campbell, P.C. (B&C®), was quoted in the Bloomberg Environment article “EPA Backs Recycling Formerly ‘Hazardous’ Materials, But States Get Final Say.” This quote was also featured as the “Quote of the Day” in Bloomberg Environment’s daily First Move email. The U.S. Environmental Protection Agency’s (EPA) new definition of solid waste “allows more material—like catalysts used in refining petroleum products—to be recycled rather than ... read more >
May 29, 2018
Richard E. Engler, Ph.D, Quoted In Bloomberg Environment Article “Trade Secrets Safe Under EPA Science Proposal, Attorneys Say”
On May 29, 2018, Richard E. Engler, Ph.D., Director of Chemistry, Bergeson & Campbell, P.C. (B&C®), was quoted by Bloomberg Environment regarding a proposed rule that would require scientific data be sufficiently available to the public so that interested parties could understand how the U.S. Environmental Protection Agency (EPA) reached its conclusions. “[D]ecisions the EPA makes about whether to allow new chemicals into commerce would largely be unaffected, Richard Engler, a senior chemist with Bergeson & Campbell, P.C.'s Washington office, told Bloomberg ... read more >
May 23, 2018
The TSCA New Chemicals Coalition: Why Your Company Should Join
Any company that plans to submit or has pending a new chemical notification under the Toxic Substances Control Act (TSCA) needs to join the TSCA New Chemicals Coalition (TSCA NCC) -- the only coalition focused principally on TSCA Section 5 issues. The TSCA NCC has been relentlessly engaging with the U.S. Environmental Protection Agency (EPA), the U.S. Occupational Safety and Health Administration (OSHA), and Congress on identifying and addressing real-world issues arising out of EPA’s implementation of the new TSCA Section 5 provisions.   By joining forces with other TSCA NCC ... read more >
May 23, 2018
Bloomberg Environment Quotes Lynn L. Bergeson In “Erik Baptist to Help Run EPA’s Chemicals, Pesticides Offices”
On May 23, 2018, Bloomberg Environment quoted Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®) regarding Erik Baptist, senior deputy general counsel, joining EPA’s Office of Chemical Safety and Pollution Prevention (OCSPP) as a deputy assistant administrator and senior counsel.  Other regulatory offices within the EPA have attorneys to help them, Lynn Bergeson, managing partner with the Washington, D.C., office of Bergeson & Campbell, P.C., told Bloomberg Environment. It makes sense for the chemical safety office to bring Baptist in, because ... read more >
May 7, 2018
Lisa M. Campbell to Moderate FIFRA Enforcement & Compliance Panel at New Developments in Pesticide Law and Policy Conference
Bergeson & Campbell, P.C. (B&C®) and The Acta Group (Acta®) are pleased to announce that on May 8, 2018, Lisa M. Campbell, Partner, will moderate the “FIFRA Enforcement & Compliance” panel at the New Developments in Pesticide Law and Policy conference.  This conference is hosted by the American Bar Association (ABA) Section of Environment, Energy and Resources (ABA SEER) and CropLife America, and will cover crop protection issues in the United States and Europe. The New Developments in Pesticide Law and Policy conference is an ABA SEER and CropLife America ... read more >
May 7, 2018
James V. Aidala Quoted In Inside EPA Article “Pruitt's Science Plan Faces Host Of Legal Hurdles; Some Doubt Promulgation”
On May 7, 2018, James V. Aidala, Senior Government Affairs Consultant with Bergeson & Campbell, P.C. (B&C®), was quoted by Inside EPA regarding U.S. Environmental Protection Agency (EPA) Administrator Scott Pruitt’s plan to require EPA to only use publicly available material to justify regulatory decisions. Others raise concerns over the document's introduction of a host of new terms, many of which are undefined. For example, the industry law firm Bergeson and Campbell questions whether the rule's application to “pivotal regulatory science” could ... read more >
May 3, 2018
B&C Memorandum Quoted By Inside EPA Regarding EPA’s Proposed Confidential Data Transparency Rule
On May 3, 2018, Inside EPA quoted the Bergeson & Campbell, P.C. (B&C®) memorandum “EPA Releases Strengthening Transparency in Regulatory Science Proposed Rule” in the article “Critics Doubt EPA Plan To Redact Confidential Data In Transparency Rule.” “For pesticide registrants, the rule poses significant potential issues,” the industry law firm Bergeson & Campbell said in an April 30 analysis, citing, as an example, “registrants spending millions of dollars on studies necessary to register products that are proprietary ... read more >
May 3, 2018
Chemical Watch Quotes Lynn L. Bergeson Regarding NRDC Brief Challenging EPA’s TSCA New Chemicals Framework Document
On May 3, 2018, text from the March 2018 Global Business Briefing “New TSCA inspires new litigation” written by Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), was quoted in the Chemical Watch article “NRDC files opening brief in TSCA new chemicals litigation.” Lynn Bergeson, managing partner at law firm Bergeson & Campbell, wrote in Chemical Watch's Global Business Briefing earlier this year that NRDC's legal challenge may well be dismissed on procedural grounds. "The draft ... read more >
May 2, 2018
Bloomberg Environment Article “EPA Chemical ‘Rule’ Flouts Law, Ignores Risks, Critics Tell Court” Includes Comments By Lynn L. Bergeson
On May 2, 2018, Bloomberg Environment quoted Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), regarding a brief filed by NRDC challenging the U.S. Environmental Protection Agency’s (EPA) New Chemicals Framework document. The NRDC’s brief did a good job buttressing its argument that the EPA’s framework warranted public notice and comment, Lynn L. Bergeson, managing partner of Bergeson & Campbell, P.C., said. “Not every such procedural challenge is a winner, but this one at least should be taken seriously,” said ... read more >
May 1, 2018
James V. Aidala Quoted In Bloomberg Environment Article “EPA Could Face Legal Minefield With Open Data Rule”
On May 1, 2018, James V. Aidala, Senior Government Affairs Consultant with Bergeson & Campbell, P.C. (B&C®), was quoted by Bloomberg Environment regarding an open data policy proposed by the U.S. Environmental Protection Agency (EPA).  Jim Aidala, the former head of the EPA’s chemicals office, said the agency can avoid some of these potential pitfalls if it does a thorough job of laying out its reasoning when it issues the final version of this science policy rule. Aidala now works as a consultant at the law firm Bergeson & Campbell PC, where he advises pesticide ... read more >
May 1, 2018
Lynn L. Bergeson Named One of the Top 50 Women Super Lawyers in Washington, D.C.
Washington D.C. May 1, 2018:  Bergeson & Campbell, P.C. (B&C®) Managing Partner Lynn L. Bergeson has been named one of the “Top 50:  2018 Women Super Lawyers” by Thompson Reuters’ Super Lawyers Washington, D.C. edition.  Each year, Super Lawyers recognizes top lawyers via a multiphase selection process involving peer nomination, independent research, and peer evaluation.  The lawyers who receive the highest point totals during this selection process are further recognized in Super Lawyers’ Top Lists.  This is Ms. Bergeson’s ... read more >
April 27, 2018
James V. Aidala and Richard E. Engler Quoted By Bloomberg Environment Regarding Proposed Public Data Plan
On April 27, 2018, James V. Aidala, Senior Government Affairs Consultant with Bergeson & Campbell, P.C. (B&C®) and Richard E. Engler, Senior Chemist with B&C, were quoted in the Bloomberg Environment article “Pesticide Makers Back Public-Data Plan—But Not for Trade Secrets.” If the agency sticks with the $100 million threshold under the executive order, then the EPA decisions on whether new chemicals can enter commerce would largely be unaffected, as most wouldn’t meet that threshold, Richard Engler, a senior chemist at Bergeson & Campbell PC who ... read more >
April 16, 2018
NR&E Magazine Reviews New TSCA: A Guide to the Lautenberg Chemical Safety Act and Its Implementation
In the Spring 2018 issue of the American Bar Association (ABA) Natural Resources & Environment (NR&E) Magazine, Joanne L. Dunec reviewed New TSCA: A Guide to the Lautenberg Chemical Safety Act and Its Implementation for the Literary Resources section. Dunec wrote, “[t]he balance of the book, written by 11 authors (including the editors), illuminates and analyzes new TSCA in greater detail. The final chapter provides the legislative history of new TSCA, and appendices include an acronym list, frequently asked questions, and a glossary.” New TSCA: A Guide ... read more >
April 12, 2018
James V. Aidala Quoted in Bloomberg Environment Article “Dicamba Herbicide Makers Banking on Successful Summer
On April 12, 2018, Bloomberg Environment quoted James V. Aidala, Senior Government Affairs Consultant with Bergeson & Campbell, P.C.(B&C®) regarding the U.S. Environmental Protection Agency’s (EPA) possible decision to extend registration for dicamba herbicide formulations. “Passing another time-limited registration would give them a heck of a lot of leverage,” said James Aidala, a senior government affairs consultant at Bergeson & Campbell, PC, a Washington-based law firm specializing in chemical regulatory compliance. The EPA has the right to take a ... read more >
April 10, 2018
Inside EPA Features Comments Made During B&C FIFRA Hot Topics Webinar
On April 10, 2018, Inside EPA included quotes from Bergeson & Campbell, P.C. (B&C®) and Bloomberg BNA’s FIFRA Hot Topics webinar in the article “Former EPA official 'gloomy' on ESA pesticide deal.” A former senior EPA pesticide official is pessimistic that federal officials will be able to overhaul their process for assessing pesticides' risks under the Endangered Species Act (ESA), calling prospects for such a deal “gloomy” given stakeholders past reluctance to compromise. “Each side has to make some serious compromises,” ... read more >
April 9, 2018
Inside EPA Quotes TSCAblog® In “EPA overhauls OPPT leadership”
On April 9, 2018, Inside EPA quoted Bergeson & Campbell, P.C.’s (B&C®) TSCAblog article “EPA Announces OPPT Management Changes” regarding management changes made to U.S. Environmental Protection Agency’s (EPA) Office of Pollution Prevention and Toxics (OPPT). EPA has announced a significant re-shuffling of leaders within its toxics office, which is being reorganized just as officials are working to establish a new program to meet the ambitious deadlines Congress set for implementing the revised Toxic Substances Control Act (TSCA). […] [Maria] ... read more >
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