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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...

On May 2, 2018, the U.S. Environmental Protection Agency (EPA) published a Federal Register notice announcing publication of its Final 2016 Effluent Guidelines Program Plan. The Plan describes EPA's Clean Water Act rulemakings and other actions intended to control industrial wastewater pollution. 

The U.S. Environmental Protection Agency’s (EPA) Office of Pollution Prevention and Toxics (OPPT or the Office) has decided to delay its pending reorganization to take and consider staff comments on the revised reorganization. The new plan proposes a six division structure that has separate new and existing chemical risk management divisions complemented by separate new and existing chemical risk assessment divisions. OPPT’s other functions are proposed to be distributed into a...

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...

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....

Changes to the Toxic Substances Control Act (TSCA) occasioned by enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act have fundamentally changed the way the US Environmental Protection Agency (EPA) reviews new and assesses existing chemical substances in surprising and subtle ways. Our 26-professionals TSCA practice in Washington, D.C. has been “doing TSCA” for a very long time. We offer our European colleagues practical insights into the new law and EPA’s...

The U.S. Occupational Safety and Health Administration (OSHA) announced on March 2, 2018, that it will begin enforcing certain requirements of the 2017 final rule on occupational exposure to beryllium in general industry, construction, and shipyards on May 11, 2018, and that it will delay enforcement of certain other standards. This column discusses the final rule and OSHA’s recent enforcement policy. 

On April 30, 2018, the U.S. Environmental Protection Agency (EPA) proposed the "Strengthening Transparency in Regulatory Science" (Science Rule) that EPA states is intended to “strengthen the transparency of EPA regulatory science.” 83 Fed. Reg. 18768. EPA states in the preamble that “[t]he proposed regulation provides that when EPA develops regulations, including regulations for which the public is likely to bear the cost of compliance, with regard to those scientific studies that...

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...

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...