The increasing share of government investment in understanding the environmental, safety and health implications reflects the rise in the commercialization of nanotechnology and the penetration of nano-enhanced products in industry and the marketplace, nanotechnology law and policy specialists told Bloomberg BNA. ‘‘As the commercial applications of nanotechnology have increased and as the federal government has become more engaged, agencies have been very clear about the need for targeted,...
A February 18, 2015 Daily News feature on InsideEPA.com included comments made by James V. Aidala as part of a presentation before the National Association of State Departments of Agriculture: In a Feb. 3 presentation to NASDA, Jim Aidala of the Washington, DC, law and consulting firm Bergeson & Campbell PC, said the federal strategy will include strict requirements on pesticide labels that must be followed wherever state plans are not in use. But Aidala said EPA’s...
March 16, 2015
Supreme Court Confirms That Agency Interpretative Rules Do Not Require Notice and Comment
In a March 9, 2015, decision in Perez v. Mortgage Bankers Ass'n., the U.S. Supreme Court unanimously held that an interpretative rule issued by an administrative agency does not require notice and opportunity for comment, even if the interpretative rule construes a substantive (or "legislative") rule previously issued by the agency and even if the interpretative rule alters a prior interpretation of the same rule. In the Perez decision, the Court explicitly...
Lynn Bergeson, managing partner of Bergeson & Campbell P.C., told Bloomberg BNA in an e-mail that the council’s timetables for developing work plans on chemical risk assessments, SNAcs and SNURs are aggressive. Based on a December webinar the council held, interested parties will be involved in a Web conference, face-to-face meetings and consultations beginning this year and throughout 2016, she said.
Background The Senate over the past several years has considered a number of legislative texts to amend the Toxic Substances Control Act (TSCA). These include the Safer Chemicals Act, several versions of which were introduced by Senator Frank Lautenberg (D-NJ), with the most recent in 2013, and the Chemical Safety Improvement Act (S. 1009, CSIA) introduced by Senators Lautenberg and David Vitter (R-LA) in 2013. Senator Lautenberg died shortly after CSIA's introduction and over time his mantle...
March 6, 2015
TSCA Reform: “Tom Udall’s Unlikely Alliance With the Chemical Industry” New York Times (March 6, 2015)
Headlines in The New York Times (NYT) describing a cozy relationship between a liberal Democratic Senator from New Mexico and the chemical industry is not a common occurrence. In this case, understanding the coverage reveals the story of an even more sordid and murky world of political infighting, nasty and cutting comments between Senators of the same party, and nuanced comments by interest groups that have to calibrate how much and who to support or how intensely to critique the Senators in...
Thursday, April 2, 20151:00 p.m. - 2:00 p.m. (EDT) This webinar has occurred. For copies of presentation materials contact chad.howlin@lawbc.com. On February 9, 2015, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) published the "Enforcement Guidance for the Hazard Communication Standard's (HCS) June 1, 2015, Effective Date" (Guidance). The Guidance offers important insights into OSHA's HCS enforcement strategy and is a must read for...
March 4, 2015
DPR Issues California Notice 2015-3 Regarding Concurrent Application Submissions to DPR and EPA
On February 27, 2015, the California Department of Pesticide Regulation (DPR) released California Notice 2015-3, entitled Concurrent Submission of Pesticide Products to the Department of Pesticide Regulation and the U.S. Environmental Protection Agency. In this Notice, DPR describes the four types of applications that may be submitted concurrently to DPR and to the U.S. Environmental Protection Agency (EPA), the procedure applicants should follow to request concurrent submission, and how...
The Acta Group (Acta®) is pleased to offer to GlobalChem attendees a complimentary 30-minute private session on March 3 with Acta professionals and Acta's South Korean-based affiliate, SHES Chemical Consulting (SHES), to answer questions relating to K-REACH, European REACH, TSCA, or other Asian chemical notification/regulation programs, as requested. This service is offered free of charge, provides an excellent opportunity to maximize your attendance at GlobalChem, and is designed to...
The California Department of Pesticide Regulation (DPR) announced on February 26, 2015, a revision to the process for evaluation of the potential for a pesticide to move off-site into surface water when the pesticide is used in an urban area. The former evaluation method followed the U.S. Environmental Protection Agency (EPA) approach with California specific parameters. This revision will continue to use the EPA approach but allow incorporation of a module specific for California urban...