All Published Articles

Lynn L. Bergeson and Joseph E. Plamondon, "TSCA and Engineered Nanoscale Substances," Nanotechnology Law & Business, March 2007.

The federal law that regulates new and existing chemical substances, including engineered nanoscale chemical substances, is the Toxic Substances Control Act (TSCA). While there is much debate over how the U.S. Environmental Protection Agency (EPA) should deploy its significant TSCA authority to address potential risks to human health and the environment posed by engineered nanoscale materials, there is no doubt that EPA is already doing so. This article provides a general overview of TSCA as it relates to new and existing chemical substances, and discusses how EPA may go about discharging its significant TSCA authority with respect to engineered nanoscale substances. 

Lynn L. Bergeson, panel expert, "Emerging Environmental Risk: A Global View," Risk Talk: Environmental Risk, Vol. 1, Issue 2.

This edition of Risk Talk focuses on emerging environmental risks from a global perspective. From local pollution problems to global warming, companies face a wide variety of environmental risks. The increasingly global economy requires that companies adopt a comprehensive environmental risk management strategy. Properly executed, such a strategy can give a company a competitive advantage. 

Lynn L. Bergeson, "EPA Advances Voluntary Nanoscale Materials Stewardship Program," ABA Pesticides, Chemical Regulation, and Right-to-Know Committee Newsletter, Vol. 8, No. 1, January 2007.

Over the past several months, the U.S. Environmental Protection Agency (EPA) has made significant progress advancing its Nanoscale Materials Stewardship Program (NMSP). 

Lynn L. Bergeson, "ABA SEER’S Review of Existing Laws and Nanotechnology," Gradient Corporation EH&S Nano News, October 2006.

The American Bar Association (ABA) Section of Environment, Energy, and Resources (SEER) offered to brief representatives of the US Environmental Protection Agency's (EPA) Office of General Counsel on legal and regulatory issues arising in connection with the application of existing statutory and regulatory authorities to engineered nanoscale materials. SEER prepared briefing documents on each statute, and a separate briefing document on innovative governance mechanisms. Each document identifies the legal and regulatory issues EPA will likely encounter as it considers how best to address issues arising in connection with nanotechnology. All seven briefing documents, which are solely the product of SEER and do not purport to represent the opinions of EPA, are available online

Lynn L. Bergeson, "Environmental Accountability: Keeping Pace with the Evolving Role of Responsible Environmental Corporate Stewardship," Environmental Quality Management, Autumn 2006.

This "Washington Watch" column outlines the concept of environmental accountability, provides a summary overview of the many mechanisms that are included within this broad topic, and discusses the role that environmental accountability plays in influencing corporate business standards pertinent to environmental performance. As government resources earmarked for more traditional environmental enforcement and compliance-assistance initiatives continue to dwindle, environmental accountability will increasingly serve as a key driving force to compel higher standards of corporate environmental accountability.

Lynn L. Bergeson and Michael F. Cole, "NanoBioConvergence—Emerging Diagnostic and Therapeutic Applications," Bioprocessing & Biopartnering 2006: Featuring NanoBiotechnology, 2006.

Many people regard nanotechnology as a "stand-alone" technology. While the technology itself is of great interest, the most intriguing aspect of nanotechnology is that it is increasingly being utilised as an integral part of a more complicated convergence matrix. The intersection of nanotechnology, biotechnology, information technology, and cognitive science, otherwise referred to as ‘NBIC convergence’, is leading to the development of nanobiotechnology products that promise to change radically the provision of healthcare in the decades ahead. 

Lynn L. Bergeson, "Small Sensors Promise Big Impact," Chemical Processing, July 2006.

. In the past year, there has been an appreciable upswing in new products developed and commercialized pertinent to "intelligent" water monitoring tools and devices involving nanotechnology. Because many environmental applications of nanotechnology will almost certainly revolutionize the science, law, and regulation of water pollution, readers are urged to keep abreast of this fast-changing area.

Lynn L. Bergeson, "Nanotechnologies and FIFRA," ChemADVISORY, July 2006.

This column explores applications of nanotechnologies in the agricultural sector, and a few of the issues the U.S. Environmental Protection Agency's (EPA) Office of Pesticide Programs (OPP) is now considering regarding nanotechnologies and the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). 

Lynn L. Bergeson, "Views from the Chair: The Section’s Contributions to Nanotechnology," Trends: ABA Section of Environment, Energy, and Resources Newsletter, July/August 2006.
Lynn L. Bergeson, "Key Environmental Issues: Views from Inside the Beltway and Beyond," Environmental Quality Management, Summer 2006.

With the mid-term elections fast approaching, the Bush Administration is probably feeling a bit unsettled about its ability to defend its record on environmental accomplishments. The Bush Administration’s record on environmental accomplishments is, according to most environmental groups, weak if not downright bad. This column identifies several key environmental issues that may elicit potential voter response. 

Lynn L. Bergeson, "Nanotechnologies and FIFRA," Gradient Corporation EH&S Nano News, April 2006.

This column explores applications of nanotechnologies in the agricultural sector, and a few of the issues the U.S. Environmental Protection Agency's (EPA) Office of Pesticide Programs (OPP) is now considering regarding nanotechnologies and the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).

Lynn L. Bergeson and Michael F. Cole, "FDA Regulation of Food Packaging Produced Using Nanotechnology," Food Safety Magazine, April/May 2006.

Food packaging materials must comply with the provisions of the Federal Food, Drug, and Cosmetic Act (FFDCA). Nanopackaging for the most part involves the use of materials that are not intended to have any effect on the food in the package, but may contact the food if the material migrates from the packaging. Such materials are regulated as indirect food additives or food contact substances. There are precedents that permit the marketing of indirect food additives without the need for clearance, and there is a regulatory process in place to review additives that require approval. The critical question in the food packaging area, as in every regulated industry, is whether existing precedents and process will be sufficient to address any issues that arise as the application of nanotechnology matures.

Lynn L. Bergeson, "Nanoscale Materials and TSCA:  EPA’s NPPTAC Recommends a Framework for a Voluntary Program," Environmental Quality Management, Spring 2006.

The U.S. Environmental Protection Agency (EPA) National Pollution Prevention and Toxics Advisory Committee (NPPTAC) forwarded to EPA Administrator Stephen L. Johnson on November 22, 2005, its document entitled Overview of Issues for Consideration by NPPTAC. The Overview of Issues document sets forth NPPTAC’s “analysis and views” on a framework for a voluntary program on existing engineered nanoscale materials. The framework is intended to complement the new nanoscale chemicals requirements promulgated under the Toxic Substances Control Act (TSCA).

Lynn L. Bergeson, "EPA’s NPPTAC Recommends Framework for Voluntary Nanomaterials Program," ABA Pesticides, Chemical Regulation, and Right-to-Know Committee Newsletter, Vol. 7, No. 1, February 2006.

In November 2005, the National Pollution Prevention and Toxics Advisory Committee (NPPTAC) forwarded to U.S. Environmental Protection Agency (EPA) Administrator Johnson its document entitled Overview of Issues for Consideration by NPPTAC. The Overview of Issues document sets forth the NPPTAC’s analysis and views on a framework for an approach to a voluntary program for existing engineered nanoscale materials. The framework is intended to complement the approach to the new nanoscale chemicals requirement under the Toxic Substances Control Act (TSCA), and is a must read for those wishing to stay abreast of nano developments.

Michael F. Cole, "RFID, Nano-Tools and the Electronic Safety Net: Nanotechnology may revolutionize the use of RFID in the battle against counterfeit drug imports," Health & Personal Care Magazine, February 2006.

Radio frequency identification (RFID) technology is revolutionizing the business of tracking inventory and, soon, the U.S. Food and Drug Administration (FDA) will use it to combat counterfeit drugs. The challenges of RFID adoption, in turn, might act as an additional impetus to the development of nanotechnology solutions. FDA views RFID as the most promising technology to combat the flow of counterfeit drugs to U.S. consumers, and encourages the adoption of RFID by manufacturers and distributors. 

Lynn L. Bergeson, "GAO Recommends TSCA Improvements, and a Senate Bill Responds with a Proposal," Environmental Quality Management, Winter 2005.

In June 2005, the Government Accountability Office (GAO) issued a report critical of the federal government’s ability under the Toxic Substances Control Act (TSCA) to assess and prevent risks from new and existing chemical substances. Release of the GAO report coincided with the introduction by Senators Frank Lautenberg and James Jeffords of the Kid Safe Chemicals Act (S. 1391), a bill intended to improve children’s health by reducing exposure to harmful toxic chemicals in everyday consumer products and otherwise address the deficiencies in TSCA outlined in the report. This column reviews the GAO report, the proposed Kid Safe Chemicals Act, and the outlook for both.

Lynn L. Bergeson, "EPA Considers How Best to Regulate Nanoscale Materials," Environmental Quality Management, Autumn 2005.

In a May 10, 2005, Federal Register notice, EPA announced, in an understated way, its decision to convene a public meeting on 'nanoscale materials.' The meeting notice represents the Agency's first public foray into harnessing some of nanotechnology’s promise within a regulatory framework created almost three decades ago with the enactment of the Toxic Substances Control Act (TSCA).

Lynn L. Bergeson, "TSCA and Nanoscale Materials Update," Pesticides, Chemical Regulation, and Right-to-Know Committee Newsletter, Vol. 6, No. 4, August 2005.
Lynn L. Bergeson, "Avoid Mistakes of Past: Develop Nano Responsibly," The Environmental Forum, July/August 2005.
Lynn L. Bergeson, "Nanotechnology Readies for a Wastewater Role," Chemical Processing, June 2005.
Lynn L. Bergeson, "Nanotechnology and TSCA," ABA Pesticides, Chemical Regulation, and Right-to-Know Committee Newsletter, Vol. 6, No. 3, April 2005.
Lynn L. Bergeson, "Nanomaterials and Protecting Health Risk," Environmental Expert Newsletter, February 2005.
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