All Knowledge & Insights By Date

Lynn L. Bergeson, Managing Partner of Bergeson & Campbell, P.C. (B&C®) and Meglena Mihova, Managing Partner of EPPA SA, have published an article in the Summer 2014 issue of Natural Resources & Environment, the magazine of the American Bar Association (ABA) Section of Environment, Energy, and Resources (SEER), entitled: "Nanomaterials and Public Disclosure: Are European Nano Product Registries the Answer?" In the article, Ms. Bergeson and Ms. Mihova propose that:...

“Industry law firm Bergeson & Campbell in an Aug. 18 commentary says that Spero's decision is of ‘particular significance for two reasons. First, it clearly follows prior decisions under which the vast majority of all claims concerning the failure of EPA to consult with [the U.S. Fish & Wildlife Service (FWS)] under ESA Section 7(a)(2) concerning pesticide registrations will now be time barred. Second, it addresses for the first time difficult jurisdictional issues concerning which...

Thursday, August 21, 2014,8:00 a.m. (PDT) -- 11:00 a.m. (EDT) -- 4:00 p.m. (BST) Compliance & Risks will present a complimentary webinar this Thursday to inform and educate participants about the latest developments in the regulation of nanotechnology and nanomaterials. There is no charge for the webinar, though online registration is required. Lynn L. Bergeson, Managing Partner of Bergeson & Campbell, P.C. (B&C®), and an internationally renowned expert on issues of governance,...

In a wide-ranging decision issued on August 13, 2014, in Center for Biological Diversity v. EPA (N.D. Cal.) (often referred to as the "Mega ESA" case), Magistrate Judge Spero has dismissed most of the claims by the Plaintiffs that the U.S. Environmental Protection Agency (EPA) failed to consult or to reinitiate consultation under Endangered Species Act (ESA) Section 7(a)(2) in connection with EPA's registration under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) of a...

On August 1, 2014, the Pipeline and Hazardous Materials Safety Administration (PHMSA), which falls under the U.S. Department of Transportation (DOT), published an important proposed rule intended to improve the safety of transportation of large quantities of flammable materials by rail — particularly crude oil and ethanol. The proposal responds to several catastrophic railcar derailments, all involving crude oil and resulting in fatalities. The DOT also issued on the same day a companion...

On June 18, 2014, the U.S. Environmental Protection Agency (EPA) proposed the most historic rule in its history: the Clean Power Plan. The proposal would, for the first time, impose regulatory limits on carbon pollution from existing power plants and is likely to have significant impacts throughout the economy. Pollution Engineering, a magazine, website, and news and information service for senior executives and engineers involved in their company's pollution control, convened a panel of experts...

Lynn L. Bergeson has been named one of the ten "Most Highly Regarded Individuals" in the world in the field of environmental law by Who's Who Legal in its 2014 compendium. This is the third year Ms. Bergeson has been named in the top ten list of individuals recognized as the most highly regarded by clients and peers, and the tenth year she has been listed in the publication overall. In addition to listing Ms. Bergeson among the top ten, Who's Who Legal 2014 offers this...

B&C’s Sheryl L. Dolan and Lisa R. Burchi were featured in a Bloomberg BNA Daily Environment Report story “Clear Supply Chain Roles, Responsibilities Help Avoid FIFRA Violations, Attorneys Say,” which is available in its entirety online, and is excerpted below. Copies of the webinar presentation slides, “EPA's Supplemental Distribution: Enforcement Actions Are Buzzing: How to Avoid Getting Stung,” are available by...

In “TSCA Reform: Dead for Now,” Lynn L. Bergeson’s July 18th post on the American College of Environmental Lawyers blog, Ms. Bergeson shared the following thoughts: “Despite high hopes earlier this year for the promise of a legislative make-over, Toxic Substances Control Act (TSCA) reform measures are dead, certainly for the remainder of this Congressional session and possibly the next. In the category of all things happen for a reason, maybe there is a silver lining to this...

On June 19, 2014, the U.S. Environmental Protection Agency (EPA) issued a direct final rule exempting manufacturers of three chemical substances from certain reporting-process-and-use information requirements under the Toxic Substances Control Act (TSCA) Chemical Data Reporting (CDR) rule for those compounds. This column discusses the rule and the potential value of public petitioning.