All Knowledge & Insights By Date

One of the consequences of the new Toxic Substances Control Act (TSCA) is the need for the U.S. Environmental Protection Agency (EPA) to review and make determinations under Section 5(a)(3)(B) on premanufacture notification (PMN) chemicals submitted to EPA, and then to take required actions.  These requirements raise particular and sometimes challenging issues for new chemical polymers because the way polymers are identified allows for multiple different forms of the polymer to be...

On June 1, 2017, Lynn L. Bergeson, Managing Partner of Bergeson & Campbell, P.C. (B&C®), was quoted in the Bloomberg BNA Daily Environment Report article “EPA Failed to Justify Nanosilver Pesticide Approval, Court Says.”  [...] Lynn Bergeson, managing partner in the Washington, D.C. office of Bergeson & Campbell, P.C. told Bloomberg BNA the agency will need to issue some sort of stop sale or other order to implement the court's vacatur. EPA will then need to...

On May 30, 2017, the U.S. Court of Appeals for the Ninth Circuit responded to two petitions for review of the U.S. Environmental Protection Agency’s (EPA) conditional registration of a nanosilver pesticide product and vacated the conditional registration. NRDC v. EPA, No. 15-72308. The Natural Resources Defense Council (NRDC) as well as the Center for Food Safety (CFS) and the International Center for Technology Assessment (ICTA) filed petitions in 2015 asking the court to set aside...

On May 24, 2017, Lynn L. Bergeson, Managing Partner at Bergeson & Campbell, P.C. (B&C®), presented “TSCA Implementation and Current U.S. Regulatory Environment” at the Nanotechnology Industries Association (NIA) webinar: “Toxic Substances Control Act (TSCA) implementation and current US regulatory environment.” Ms. Bergeson’s presentation addressed reformed TSCA (Frank R. Lautenberg Chemical Safety for the 21st Century Act) implementation and the current...

On May 23, 2017, Lisa R. Burchi, Of Counsel with Bergeson & Campbell, P.C. (B&C®), presented “The New TSCA: Impact on States and Worker Safety Programs” at ORCHSE Strategies, LLC’s Western Occupational Safety and Health Group meeting. Ms. Burchi’s presentation addressed the new Toxic Substances Control Act (TSCA) as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act, and its impact on worker safety programs nationwide. Specifically, she...

Monday, June 12, 2017, 12:00 p.m. - 1:30 p.m. (EDT)  This webinar has occurred. Materials and recording provided upon request to B&C clients, associated businesses, and industry members.  Since enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act last June, a logjam of new chemicals under review at the U.S. Environmental Protection Agency (EPA) unable to enter commerce has developed.  EPA’s Office of Pollution Prevention and Toxics (OPPT)...

On February 24, 2017, President Trump issued Executive Order (EO) 13777, Enforcing the Regulatory Reform Agenda. The EO offers opportunities for stakeholders to improve regulations. This article summarizes efforts to implement this EO, and identifies opportunities stakeholders may wish to pursue to eliminate or amend regulatory initiatives they feel have outlived their utility or were ill-conceived from the get-go.

On March 18, 2017, Bloomberg BNA Daily Environment Report quoted Charles M. Auer, Senior Regulatory and Policy Advisor with Bergeson & Campbell, P.C. (B&C®), explaining how updates to the Toxic Substances Control Act (TSCA) are impacting new chemical regulations. The Environmental Protection Agency has been regulating more new chemicals since the Toxic Substances Control Act was overhauled than it did before, according to a snapshot of its work over the past 11 months....

Bergeson & Campbell, P.C. (B&C®) is pleased to announce the publication of New TSCA: A Guide to the Lautenberg Chemical Safety Act and Its Implementation, released today by the American Bar Association (ABA).  This new book is a comprehensive guide to the substantial revisions to the Toxic Substances Control Act (TSCA) occasioned by enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act on June 22, 2016, to produce “new TSCA,” amending and...

On May 17, 2017, Richard E. Engler, Ph.D., Senior Chemist at Bergeson & Campbell, P.C. (B&C®), was quoted in the Bloomberg BNA Daily Environment Report article “Pace of EPA New Chemical Reviews Picks Up, Allaying Concerns.” […] The new information, which the agency posted since May 12, shows the EPA has made many more new chemical decisions since TSCA was amended than was publicly known, Richard Engler, a senior chemist with the Bergeson & Campbell, P.C. in...