All Knowledge & Insights By Date

Chemical lawyer and Toxic Substances Control Act (TSCA) expert Lynn L. Bergeson was featured Monday, January 13, 2014, on the National Public Radio (NPR) program “All Things Considered.” In a story on the mysteries that persist around a chemical spill in the Elk River near Charleston, West Virginia, NPR reporter Elizabeth Shogren interviewed Ms. Bergeson, whose comments were included in the national radio broadcast and NPR’s web version of the story: “‘These...

Lynn L. Bergeson was quoted in a BNA Daily Environment Report article on the outlook for 2014 regarding toxic substances: “Lynn Bergeson, managing partner of Bergeson & Campbell, P.C., said that while S. 1009 has some momentum, it also faces significant hurdles, including finding ways to address the most substantive challenges of state preemption, confidential business information claims and the safety standard that the EPA would use to evaluate all chemicals in commerce under a revised...

On November 12, 2013, the United States Environmental Protection Agency (EPA) released an Administrative Law Judge (ALJ) decision ordering Respondent Elementis Chromium Inc., f/k/a Elementis Chromium, LP (Elementis or Company), to pay a $2,571,800 civil penalty for violating Section 8(e) and Section 15(3)(B) of the Toxic Substances Control Act (TSCA). The decision is available online. Although the case is highly fact-specific, the decision, if upheld under any potential appeal, may be used...

The EPA issued important guidance under the Resource Conservation and Recovery Act (RCRA) on the regulatory status of commercial chemical products (CCP). This “Legal Lookout” column explains why the guidance is important, and explains it in more detail....

Bergeson & Campbell, P.C. (B&C®) outlines below thoughts on what may be headed our way in 2014 from the U.S. Environmental Protection Agency’s (EPA) Office of Chemical Safety and Pollution Prevention (OCSPP). We also offer a few thoughts on European and Asian developments pertinent to chemical regulatory matters. Although President Obama is well into his second term, the 2014 off-year elections, combined with the bitter partisan atmosphere in Washington, D.C., will result in a...

Biofuels have gotten all the press. But biobased chemicals have equal environmental and health potential, and also the most exposure under the Toxic Substances Control Act. Implications range from irritating to crippling, depending upon a manufacturer’s response....

In a game-changing bipartisan show of support for reform of the Toxic Substances Control Act (TSCA) that few saw coming, United States (US) Senators David Vitter (R-LA) and the late Frank Lautenberg (D-NJ)—among bipartisan others—introduced on May 22, 2013, the Chemical Safety Improvement Act (CSIA), later designated Senate Bill 1009 (S.1009). CSIA provides a new and streamlined approach to reforming TSCA that stakeholders may view favorably when compared to legislative templates that have...

Most GHS adoptions will complete implementation by 2015, mandating that all mixtures must be classified according to the particular legislation of that jurisdiction. Although some variation will remain between labelling information and hazard category adoption, this greatly simplifies the process of classification and labelling for retail and consumer products. This level of harmonisation, together with the standardisation of transport labels, offers the promise of greatly simplifying and...

On December 20, 2013, the National Institute for Occupational Safety and Health (NIOSH) published a document entitled Protecting the Nanotechnology Workforce: NIOSH Nanotechnology Research and Guidance Strategic Plan, 2013-2016. See http://www.cdc.gov/niosh/docs/2014-106/ NIOSH describes the document as “the roadmap being used to advance basic understanding of the toxicology and workplace exposures involved so that appropriate risk management practices can be implemented during...

Lynn L. Bergeson was quoted in BNA Daily Environment Report regarding EPA’s December 17, 2013, release of screening data on 1,800 chemicals through a new online tool known as the interactive Chemical Safety for Sustainability Dashboard. “Companies that make and use the chemicals are likely to be concerned about how and in what context the data is presented, said Lynn L. Bergeson, a partner with Bergeson & Campbell PC who counsels industry on chemical regulations. Raw...