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Lynn L. Bergeson, Managing Partner of Bergeson & Campbell, P.C. (B&C®), has earned an international reputation for her deep and expansive understanding of the Toxic Substances Control Act (TSCA), the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the European Union Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) regulation, and especially how these regulatory programs pertain to nanotechnology, industrial biotechnology, synthetic biology, and other emerging transformative technologies. Her knowledge of and involvement in the policy process allow her to develop client-focused strategies whether advocating before Congress, the U.S. Environmental Protection Agency (EPA), the U.S. Food and Drug Administration (FDA), or other governance and standard-setting bodies.
Ms. Bergeson counsels corporations, trade associations, and business consortia on a wide range of issues pertaining to chemical hazard, exposure and risk assessment, risk communication, minimizing legal liability, and evolving regulatory and policy matters pertinent to conventional, biobased, and nanoscale chemicals, particularly with respect to TSCA, FIFRA, the Food Quality Protection Act (FQPA), REACH and REACH-like programs, and Occupational Safety and Health Administration (OSHA) matters.
Ms. Bergeson served as chair of the American Bar Association (ABA) Section of Environment, Energy, and Resources and currently serves as chair of the International Bar Association (IBA) Agriculture and Food Section. She has served on the Board of Directors of the Environmental Law Institute (ELI), the NanoBusiness Commercialization Association, and is immediate past President of the Product Stewardship Society. Ms. Bergeson is a Fellow of the American College of Environmental Lawyers (ACOEL) and serves as a Regent and on its Executive Committee. She lectures and writes frequently on legal, regulatory, and science policy issues. Ms. Bergeson is also President of The Acta Group (Acta®), B&C's scientific and regulatory consulting arm, which assists chemical and product manufacturers in marketing and sustaining their products globally, and President of B&C® Consortia Management, L.L.C., which helps the chemical industry leverage resources and maximize impact by forming consortia to achieve shared research, testing, regulatory, and access goals.
According to the Chambers USA Guide: “The universally highly regarded Lynn Bergeson of Bergeson & Campbell, P.C. has developed an enviable reputation in chemical and pesticide regulatory work, with particular expertise in nanotechnology. “She is probably the premier pesticide lawyer in DC,” notes one impressed commentator. Peers predict that she is set to become “one of the most important lawyers in America.””
Representative Engagements:
- Assists a global manufacturer of industrial and consumer products to register and maintain chemical product approvals in all jurisdictions in which its products are marketed.
- Among the first U.S. law firms to assist several manufacturers of nanoscale chemical products obtain approval for their innovations under TSCA and has devised and maintained product stewardship programs in multiple global jurisdictions to manage these nanoscale products effectively.
- Among the first law firms judicially to challenge a Significant New Use Rule (SNUR) issued under TSCA Section 5 to eliminate or lessen commercial restrictions placed on the manufacture, processing, and distribution of a new chemical substance.
- Assists several biobased chemical manufacturers to address difficult TSCA nomenclature and chemical identity issues and to devise and implement product stewardship protocols to manage these products with downstream stakeholders.
- Assists clients to prepare and obtain approvals for chemicals produced by intergeneric microorganisms.
Professional & Community Involvement:
Regent, American College of Environmental Lawyers, 2022 - ; Executive Committee, American College of Environmental Lawyers, 2022 -
Immediate Past President, Product Stewardship Society Board of Directors, 2021 - 2022; Member, Product Stewardship Society Board of Directors, 2015 -
Chair, IBA, Agriculture and Food Section, 2022 - ; Senior Vice Chair, IBA, Agriculture and Food Section, 2018 - 2021
Appointed by Maryland Governor Martin O’Malley to serve on the Washington College Board of Visitors and Governors, 2013 - 2016, and by Maryland Governor Larry Hogan, 2016 - 2022
Chair, ABA Section of Environment, Energy, and Resources, 2005 - 2006
Chair, ABA Section of Environment, Energy, and Resources Special Committee on TSCA Reform, 2009 -
Vice Chair, ABA Section of Environment, Energy, and Resources Committee on Pesticides, Chemical Regulation, and Right-to-Know, 2008 -
Editor, ABA Section of Environment, Energy, and Resources Pesticides, Chemical Regulation, and Right-To-Know Committee Newsletter
Member, ABA Section of Environment, Energy, and Resources Governance Committee, 2013 - 2014
Member, Industrial Biotechnology Journal, Editorial Board, 2014 -
Member, the American National Standards Institute (ANSI) Nanotechnology Standards Panel (NSP) Steering Committee, 2004 - 2005
Chair of the Environment, Health, and Safety Committee of the NanoBusiness Commercialization Association
Member, Steering Committee of EPA’s Pollution Prevention through Nanotechnology Conference
The President’s Council of Advisors on Science and Technology Nanotechnology Technical Advisory Group (PCAST nTAG)
Member, the ISO Technical Committee 229 on Nanotechnologies Steering Committee Member, the Organization for Economic Cooperation and Development’s (OECD) Conference on Potential Environmental Benefits of Nanotechnology: Fostering Safe Innovation-Led Growth, Paris, France, 2009
Bar & Court Admissions:
U.S. Court of Appeals for the Ninth Circuit, 2020
U.S. Court of Appeals for the District of Columbia Circuit, 1982
U.S. District Court for the District of Columbia, 1983
District of Columbia, 1980
Publications:
Books:
Lynn L. Bergeson, Christopher Blunck, and Richard E. Engler, Ph.D., co-authors, “Pesticides, Chemical Regulation, and Right-to-Know 2020 Annual Report,“ in The Year in Review 2020: Environment, Energy, and Resources Law, ABA (2021).
Lynn L. Bergeson, Charles Auer, Richard E. Engler, Ph.D., and Kathleen Roberts, co-authors, “Pesticides, Chemical Regulation, and Right-to-Know 2019 Annual Report,“ in The Year in Review 2019: Environment, Energy, and Resources Law, ABA (2020).
Lynn L. Bergeson and Richard E. Engler, Ph.D., co-authors, “Pesticides, Chemical Regulation, and Right-To-Know 2017 Annual Report,” in The Year in Review 2017: Environment, Energy, and Resources Law, ABA (2018).
Lynn L. Bergeson and Richard E. Engler, Ph.D., co-authors, “Pesticides, Chemical Regulation, and Right-To-Know 2017 Annual Report,” in The Year in Review 2017: Environment, Energy, and Resources Law, ABA (2018).
Lynn L. Bergeson and Charles M. Auer, Co-Editors, New TSCA: A Guide to the Lautenberg Chemical Safety Act and Its Implementation, ABA Section of Environment, Energy, and Resources (2017).
Lynn L. Bergeson and Richard E. Engler, Ph.D., co-authors, “Pesticides, Chemical Regulation, and Right-To-Know 2016 Annual Report,” in The Year in Review 2016: Environment, Energy, and Resources Law, ABA (2017).
Lynn L. Bergeson, “Legal Considerations Relating to Tort and Product Liability Law,” in Realizing the Full Business Value of Product Stewardship, Product Stewardship Society (2016).
Lynn L. Bergeson et al., Global Chemical Control Handbook: A Guide to Chemical Management Programs, ABA (2014).
Lynn L. Bergeson, contributing author, The RCRA Practice Manual, ABA Section of Environment, Energy, and Resources (2013).
Lynn L. Bergeson and Tracy Hester, Nanotechnology Deskbook, ELI (2008).
Articles:
Lynn L. Bergeson, “Sticker Shock: TSCA Fees Could Soon Be a Lot More Expensive,” Chemical Processing, December 13, 2022.
Lynn L. Bergeson, “OSHA Considers Revisions to Process Safety Management Standard,” Chemical Processing, October 25, 2022.
Lynn L. Bergeson, “Toxics Regulation: A Brave New World Catching Many Off Guard,” PLI Current, Vol. 6 (2022).
Lynn L. Bergeson, “Due Diligence in Mergers and Acquisitions Involving Chemical Products,” Financier Worldwide, October 2022.
Lynn L. Bergeson, “EPA Targets PFAS Cleanup,” Chemical Processing, September 23, 2022.
Lynn L. Bergeson, “EPA Holds Webinar on PFAS Strategic Roadmap: Research Tools and Resources,” Finishing & Coating, August 22, 2022.
Lynn L. Bergeson and Richard E. Engler, Ph.D., "Optimizing the Toxic Substances Control Act to Achieve Greener Chemicals," NR&E, Summer 2022.
Lynn L. Bergeson, "EPA Eases TSCA Testing Demands," Chemical Processing, August 15, 2022.
Lynn L. Bergeson, "Compliance: EPA Seeks Input From Small Businesses," Chemical Processing, August 1, 2022.
Lynn L. Bergeson, "How Does a Recent Supreme Court Ruling Apply to the EPA’s Implementation of TSCA?," Chemical Watch, July 27, 2022.
Lynn L. Bergeson, "Chemical Compliance: Get Ready for Superfund Excise Tax," Chemical Processing, June 22, 2022.
Lynn L. Bergeson, "Environmental Justice and Enforcement in America: What Investors Need to Know," Financier Worldwide, July 2022.
Lynn L. Bergeson, Richard E. Engler, Ph.D., et al., "Compilation Memorandum regarding the GCSE Plastics Reports: France and the United States: Comparative Law Analysis and Recommendations Regarding Plastic Waste," Global Council for Science and the Environment, May 15, 2022.
Lynn L. Bergeson, "EPA Targets Asbestos," Chemical Processing, May 15, 2022.
Lynn L. Bergeson, "California Eyes Proposition 65 Modifications," Chemical Processing, April 24, 2022.
Lynn L. Bergeson, "Per- And Polyfluoroalkyl Substances (PFAS): One Size Does Not Fit All," Chemical Processing, February 27, 2022.
Lynn L. Bergeson, "PFAS: Making Sound Investment Decisions," Financier Worldwide, March 2022.
Lynn L. Bergeson, "Isn’t It Ironic?," American College of Environmental Lawyers (ACOEL) Blog, January 25, 2022.
Lynn L. Bergeson, "Toxic Substances: EPA Targets Asbestos," Chemical Processing, January 23, 2022.
Lynn L. Bergeson, "Straddling Digital and Environmental Goals: Tips for Investors," Financier Worldwide, January 2022.
Lynn L. Bergeson, "Environmental Protection: Infrastructure Law Benefits Chemical Industry," Chemical Processing, December 14, 2021.
Lynn L. Bergeson, "Supply-Chain Aid -- EPA Proposes PIP 3:1 Compliance Extension," Chemical Processing, November 22, 2021.
Lynn L. Bergeson, "Is Extended Producer Responsibility on the Rise for Packaging?," Chemical Processing, October 18, 2021.
Lynn L. Bergeson, "Extended Producer Responsibility for Packaging: And So It Begins in the US," Financier Worldwide, October 2021.
Lynn L. Bergeson, "EPA Goes Back to the Drawing Board on Toxic Substances," Chemical Processing, September 24, 2021.
Lynn L. Bergeson, "Is FDA Food Safety Revision in Our Future?," Chemical Processing, August 24, 2021.
Lynn L. Bergeson, "PFAS: Is Anything Not Reportable?," Chemical Processing, July 19, 2021.
Lynn L. Bergeson, "Avoiding Costly Supply Chain Disruption: A Cautionary Tale," Financier Worldwide, July 2021.
Lynn L. Bergeson, "The Essential Role of Evolving Technologies in Securing a Safe and Sustainable Food Supply," Agricultural Law Section of the IBA, June 1, 2021.
Lynn L. Bergeson, "TSCA: A Change of Course," Specialty Chemicals Magazine , May/June 2021.
Speaking Engagements:
“WEBINAR -- Articles under TSCA,” Bergeson & Campbell, P.C., (December 14, 2022).
“USA EPA and TSCA updates for the electronics sector,” Chemicals Management for Electronics, (December 13, 2022).
“Living in a Circular World: The Challenges of Complying with TSCA,” Product Sustainability Summit USA 2022, (November 16, 2022).
“WEBINAR -- Food Safety Issues in the United States,” Bergeson & Campbell, P.C., (October 26, 2022).
“WEBINAR -- Environmental, Social, and Governance Issues: A Business Imperative,” Bergeson & Campbell, P.C., (October 11, 2022).
“Initial 10 High Priority TSCA Risk Evaluations,” Chemical Watch Regulatory Summit USA, (October 5, 2022).
“Updates on TSCA,” Chemical Watch Regulatory Summit Europe 2022, (September 27, 2022).
“Periodic Review: Reinvigorated Chemical Product Regulation under FIFRA and TSCA,” ABA Section of Environment, Energy, and Resources, 30th Fall Conference, (September 23, 2022).
“Toxics Regulations,” Environmental Regulation in Practice 2022: New Challenges and Priorities, (September 16, 2022).
“TSCA New Approach Methodologies,” Bergeson & Campbell, P.C., (August 3, 2022).
“Law and Policy of Products Regulation,” ELI Summer School Series 2022, (July 14, 2022).
“TSCA Regulation of Articles,” TSCA Reform – Six Years Later, (June 29, 2022).
“Domestic Chemical Regulation and Achieving Circularity,” Bergeson & Campbell, P.C., (May 18, 2022).
“EPA Toxic Substances Control Act and Federal Insecticide, Rodenticide, and Fungicide Act,” Avoid the Audit: Best Practices for Staying in Compliance (March 8, 2022).
"Chemical Regulation and Emerging Contaminants: Update and What to Expect in 2022," Environmental Law 2022 (February 11, 2022).
“What to Expect in Chemicals in 2022,” Bergeson & Campbell, P.C., (January 26, 2022).
“Product Sustainability Webinar Series: Part 2,” Chemical Watch Product Sustainability Webinar Series (November 17, 2021).
“Moving Towards “Cradle-to-Cradle”: Regulatory Drivers and Barriers in Reducing Waste and Achieving Sustainable Lifecycle Management and a Circular Economy,” ABA, Section of Environment, Energy, and Resources (SEER) 29th Fall Conference (October 14, 2021).
“Getting What You Want: How to Persuasively Request Product Stewardship Resources,” PSX 2021 Conference (September 28, 2021).
“Chemical policy evolution in the US,” Chemical Watch Global Electronics Summit (September 21, 2021).
“TSCA Regulatory Activity, Industry Strategy and Actions 2021 and Beyond,” IAEG Fall Virtual Meeting (September 20, 2021).
“PFAS Reporting Rules -- What Every Company Needs to Know,” Bergeson & Campbell, P.C. (September 9, 2021).
“U.S. Chemical Regulation: What’s New, What’s Hot,” Mondaq (July 28, 2021).
“Law & Policy of Products Regulation,” ELI Summer School (July 20, 2021).
“California Chemical Regulatory Policy Update,” Bergeson & Campbell, P.C. for NACD Members (July 15, 2021).
“TSCA and Environmental Justice,” TSCA Reform – Five Years Later (June 30, 2021).
“TSCA Litigation Update,” TSCA Reform – Five Years Later (June 30, 2021).
“TSCA: It Is Not What You May Think,” RILA (June 10, 2021).
“TSCA Jurisdiction: It’s Not Just over Chemicals,” Chemical Watch, TSCA Developments 2021 (June 9, 2021).
"Product Stewardship and the Pandemic: Surviving and Thriving in Disruptive Times,” Product Stewardship Society (March 31, 2021).
"What To Expect From the Biden EPA?,” Business & Learning Resources (March 30, 2021).
“The Challenges of Enforcing TSCA,” Key Regulatory Updates: Europe, Asia and The Americas 2021 (March 25, 2021).
“Chemicals Regulation: Latest Developments,” Environmental Law 2021 (February 25, 2021).
“What To Expect When You’re Electing (a New President),” Bergeson & Campbell, P.C. (January 28, 2021).
