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Lynn L. Bergeson was quoted in Law360 discussing the recently released proposals to update the Toxic Substances Control Act (TSCA). “‘Electing to eliminate any preemptive effect virtually assures the propagation of inconsistent, random state and local chemical regulations,’ Lynn Bergeson, managing partner of Bergeson & Campbell PC, said. ‘The patchwork approach to state and local regulations is the nemesis of the business community and a key driver for TSCA reform.’ Bergeson...

On October 1, 2014, the U.S. Environmental Protection Agency (EPA) proposed a Significant New Use Rule (SNUR) for 15 related chemical substances commonly known as nonylphenols (NP) and nonylphenol ethoxylates (NPE). For 13 NPs and NPEs, EPA would designate any use as a "significant new use," and for two additional NPs, EPA would designate that any use other than use as an intermediate or use as an epoxy cure catalyst would constitute a "significant new use." Persons subject to the SNURs would be...

Chemical Watch quoted Lynn L. Bergeson discussing California’s influence on US and world regulatory programs: " 'In a word, size matters,' said Lynn L. Bergeson. 'California's economy is the eighth largest in the world if it is compared to those of whole countries, and it accounts for 13% of US gross domestic product (GDP). The state has a rich, and well-deserved, reputation as a trendsetter. Its approach to the regulation of volatile organic compounds has been adopted by the...

Following the release last week of our Firm Clients and Friends Memorandum "Summary of Changes in the Chemical Safety Improvement Act (CSIA, S. 1009) and the Boxer TSCA Version Released September 18, 2014," Bergeson & Campbell, P.C. (B&C®) received copies of a number of documents relating to what is now described as the "Udall-Vitter Discussion Draft" (U-V DD) of the original CSIA (CSIA1). The documents obtained include: A version of the clean, revised text of U-V DD, which is...

Synthetic biology is delivering on its promise as an emerging scientific field in providing society with effective new sustainable products in diverse areas including renewable energy, contamination remediation, and medical applications, among others. As is the case with any rapidly evolving technology, the pace of technological innovation challenges regulators’ ability to identify and address adequately the substantial uncertainties they confront when discharging their legal obligations under...

On July 31, 2014, EPA published a Request for Information (RFI) seeking information and data on potential revisions to its Clean Air Act (CAA) Risk Management Program (RMP) regulations and related programs. In the RFI, EPA asks for information on specific regulatory elements and on Occupational Safety and Health Administration (OSHA) Process Safety Management (PSM) approaches, the public and environmental health and safety risks they address, and the costs and burdens they may impose. This...

The benefits of forming or joining a chemical industry consortium go well beyond responding to test rules or other regulatory programs forcing coordination and cooperation among market competitors. B&C® Consortia Management, L.L.C. (BCCM) assists a number of companies that are working together within formal trade groups to achieve industry-wide goals that single companies could not accomplish on their own. These include addressing misperceptions regarding chemical products,...

October 22-24, 2014, San Francisco, California With the Draft Initial Priority Product Work Plan by the California Department of Toxic Substances Control (DTSC) now released, it is important for manufacturers, importers, and retailers of consumer products in the categories listed by DTSC in the Work Plan to understand and address any issues. The upcoming Safer Consumer Products Summit, of which Bergeson & Campbell, P.C. (B&C®) is a proud sponsor, will bring together DTSC...

The September 19, 2014, Bloomberg BNA Daily Environment Report featured comments by Lynn L. Bergeson regarding the collapse of the Toxic Substances Control Act (TSCA) reform talks, specifically efforts to revise the Chemical Safety Improvement Act (S. 1009). Bergeson “told Bloomberg BNA the collapse of the bipartisan Senate discussions on TSCA reform was disappointing but not surprising. ‘Stakeholders can be encouraged by the late rally in the legislative cycle, and perhaps by whatever...

Wednesday, October 1, 20141:00 p.m. - 2:30 p.m. (EDT) This webinar has occurred.  For copies of presentation materials contact chad.howlin@lawbc.com.  Speakers include well-recognized experts on these complex issues: Jeff Dawson, Senior Scientist, Chemist at the U.S. Environmental Protection Agency's (EPA) Health Effects Division and Bergeson & Campbell, P.C.'s (B&C®) Senior Scientist Susan H. Youngren, Ph.D., and Senior Government Consultant James V....