Bergeson & Campbell, P.C. (B&C®) is a proud supporter of the Sustainable Nanotechnology Organization (SNO) and we enthusiastically recommend that you consider joining and becoming part of the SNO family during the 2015 membership drive, running now through July 3, 2015. Lynn L. Bergeson, Managing Partner of B&C, has served on the Governance Board since SNO's founding in 2012. SNO's purpose is unique. It is the only organization devoted exclusively to supporting the...
May 26, 2015
Lynn L. Bergeson, “EPA Conditionally Registers Nanosilver Pesticide Product,” Nanotechnology Now, May 26, 2015.
On May 19, 2015, the U.S. Environmental Protection Agency (EPA) announced that it issued a conditional registration for a nanosilver-containing antimicrobial pesticide product named "NSPW-L30SS," or "Nanosilva."
May 20, 2015
TSCA Reform: Detailed Review of Representative Shimkus’ Second Discussion Draft of TSCA Reform Legislation
On May 12, 2015, Representative John Shimkus (R-IL), Chair of the House Energy and Commerce Subcommittee on Environment and the Economy, released a new (second) draft of the TSCA Modernization Act of 2015 (TMA2 DD). In April, Shimkus released an initial discussion draft of the TSCA Modernization Act of 2015 (TMA1); our memorandum on TMA1 is available online. In the previous Congress, Shimkus introduced first a discussion draft of the Chemicals in Commerce Act (CICA1), and then a...
The U.S. Occupational Safety and Health Administration's (OSHA) Hazard Communication Standard (HCS) deadline of June 1, 2015, is fast approaching. Below is a brief summary of what is at stake, and what needs to be in place by the deadline. On March 26, 2012, OSHA issued a final rule modifying its HCS to conform to the United Nations' Globally Harmonized System of Classification and Labeling of Chemicals (GHS), Revision 3. In the final rule, OSHA drastically modified the process by which...
Lynn L. Bergeson has once again been awarded a Band 1 ranking, the highest attainable, among Washington, D.C. environmental lawyers by Chambers USA Guide 2015. This is Ms. Bergeson's tenth consecutive year of being ranked by Chambers USA as one of the best lawyers in America. In the commentary accompanying her 2015 ranking, Chambers asserts "Lynn Bergeson of Bergeson & Campbell PC has developed an enviable reputation in the chemical regulation area and frequently advises on matters...
In the second installment of this series, I wrote about how the Toxic Substances Control Act (TSCA) regulates products across a manufacturing process, from feedstock to product. In this last installment, I present options for updating TSCA and the related implementing regulations to put novel, biobased chemistry on an even footing with incumbent products and processes that were grandfathered in as part of the original TSCA Inventory. The key is to find a way to level the field...
May 18, 2015
Lynn L. Bergeson, “TSCA Reform May Be Closer Than You Think,” Chemical Processing, May 18, 2015.
On April 28, 2015, the Senate Committee on Environment and Public Works held a hearing to consider the Frank R. Lautenberg Chemical Safety for the 21st Century Act (S. 697). Since then, S. 697 has gained additional backing from both Republicans and Democrats. These events are important because they demonstrate significant bipartisan support for reform of the Toxic Substances Control Act (TSCA), and suggest TSCA reform actually may be in our future.
On May 8, 2015, in El Comite Para El Bienestar De Earlimart v. EPA, a Panel of the U.S. Court of Appeals for the Ninth Circuit denied a petition for review filed by several groups that the court describes as “community organizations” who challenged the U.S. Environmental Protection Agency’s (EPA) 2012 approval of California State Implementation Plan (SIP) elements under the Clean Air Act (CAA), including its related approval of certain fumigant regulations. This challenge was...
May 14, 2015
TSCA Reform: House Subcommittee Holds Markup of Revised Draft TSCA Bill and Passes Amended Draft
On May 14, 2015, the House Energy and Commerce Subcommittee on Environment and the Economy held a markup of a revised discussion draft of the TSCA Modernization Act of 2015, prepared by Subcommittee Chair John Shimkus (R-IL) and released on May 12, 2015. The May 12, 2015, press release announcing the revised discussion draft and markup emphasizes the bipartisan nature of the bill, which is supported by Shimkus, Subcommittee Ranking Member Paul Tonko (D-NY), Committee Chair...
Membership in the Sustainable Nanotechnology Organization (SNO) offers a number of benefits to members of the nano community. SNO's purpose is to provide a professional society forum to advance knowledge in all aspects of sustainable nanotechnology, including both applications and implications.