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Bergeson & Campbell, P.C. (B&C®) is pleased to announce the launch of the Pesticide Law and Policy Blog to report on federal, state, and international regulatory, legal, and policy developments involving conventional pesticides, biopesticides, antimicrobials, and other pesticide products. The blog is available at pesticideblog.lawbc.com; users may sign up to receive e-mails of new posts to the blog at pesticideblog.lawbc.com/rss. The Pesticide Law and Policy Blog...

The U.S. Environmental Protection Agency (EPA) has revised the Notice of Arrival (NOA) form (EPA Form 3540-1), the use of which is required for import of pesticides and pest control devices into the United States. Importers should begin using the new form immediately. The revised form and related instructions are available online. EPA has added optional information blocks, recommendations, and certain clarifications to the instructions. Some of these changes may be beneficial and respond to...

On December 30, 2013, Health Canada's Pest Management Regulatory Agency (PMRA) released a consultation document entitled Proposed Approach to Special Reviews – Consultation Document. The Consultation Document outlines the Pest Control Products Act legislative requirements for special reviews and PMRA's proposed approach to conduct such special reviews. The document is available online. PMRA is accepting comments until January 29, 2014. PMRA states that any comments will be...

This “Compliance Advisor” column outlines thoughts on what might be headed our way in 2014 from the Office of Chemical Safety and Pollution Prevention (OCSPP) of the U.S. Environmental Protection Agency (EPA). Beyond the election-driven rhetoric, demands of the discrete issues that routinely come before program management will drive the EPA. An added and complicating concern may be the impact on these and all issues of continued budget cuts that challenge the EPA's ability to operate as it...

The International Organization for Standardization (ISO) published on January 6, 2014, a report entitled Nanotechnologies -- Considerations for the development of chemical nomenclature for selected nano-objects (ISO/TR 14786:2014), which is intended to provide information and analyses in support of the development of chemical nomenclature for the naming of "nano-objects."

Lynn L. Bergeson was quoted in a Chemical Watch article on the chemical spill near Charleston, West Virginia: “The spill ‘provides a textbook example of what's wrong with [TSCA],’ says Lynn Bergeson of the law firm Bergeson and Campbell. ‘The paucity of information is the sticking point,’ she says, adding that public officials need access to more data than is currently available.”

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 incidents are very painful for the...

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.