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Despite 40 years of policy tinkering and lawsuits, there is still major disagreement over the scope of the Clean Water Act (CWA) jurisdiction today. A series of conflicting lower court decisions led the Supreme Court to twice address the definition of “waters of the U.S.” (WOTUS) with respect to wetlands policy. In 2011 the EPA and the U.S. Army Corps of Engineers decided to incorporate all of the Justices’ opinions in sweeping, new draft guidance...

On June 14, 2013, the EPA proposed revisions to the Renewable Fuel Standard. The amendments seek to clear up some fuel classifications to ease the burden on the industry. The proposal would allow use of biogas from landfills to meet the obligations imposed on refiners and importers to utilize renewable feedstocks in transportation fuels; also, it clarifies the renewable biofuels that can be categorized as cellulosic biofuels. This article discusses the revisions....

On August 28, 2013, California’s Office of Administrative Law (OAL) approved the California Department of Toxic Substances Control (DTSC or Department) Safer Consumer Products Regulations (Regulations). The Regulations will take effect on October 1, 2013. The Regulations are the much anticipated regulatory implementation of California’s Green Chemistry Initiative. DTSC’s implementing regulations have gone through several iterations, including an initial draft released on...

B&C® Consortia Management, L.L.C. (BCCM) is assisting companies with forming testing consortia to fulfill regulatory requirements under the U.S. Environmental Protection Agency’s (EPA) Endocrine Disruptor Screening Program (EDSP). On June 14, 2013, EPA issued the final second list of chemicals and substances for Tier 1 screening under the EDSP. Our memorandum regarding this development is provided below. EPA has indicated that it will issue test orders for the Group 2 chemicals...

The American Bar Association (ABA) Section of Environment, Energy and Resources has published the third edition of “The RCRA Practice Manual.” The Manual focuses on the “cradle-to-grave” program for managing hazardous wastes under the Resource Conservation and Recovery Act (RCRA), and is a comprehensive yet easy-to-use guide to an extraordinarily complex area of environmental law. Each chapter of this updated edition has been re-written to reflect the numerous...

On August 27, 2013, the U.S. Environmental Protection Agency (EPA) announced its proposed decision to register “Nanosilva,” a nanosilver-containing antimicrobial pesticide product....

An article reporting on the newly released pesticide labels restricting some applications of four neonicotinoid insecticides included comments from James V. Aidala: “While the revisions appear to tackle the consistency issue, it is far from clear if the new language will be more easily enforced, says Jim Aidala, a senior government consultant for the law firm, Bergeson & Campbell PC (Washington, DC). The labels have ‘a lot of ‘do-nots’ on them’, he tells Agrow. ‘It...

Bergeson & Campbell, P.C. (B&C®) is proud to be a sponsor of both of these dynamic gatherings of industry leaders, government and policy officials, and science and business visionaries. For full agenda and registration click: ChemCon Asia 2013, with its unique global approach and comprehensive review of global chemical issues, will take place in Seoul, South Korea, from September 9-13, 2013. Lynn L. Bergeson will present “Green Chemistry and California Safer Consumer Products...

Early Bird Registration Deadline Friday, August 16, 2013! Bergeson & Campbell, P.C. is proud to be a sponsor of and program advisor to the 3rd Safer Consumer Products Summit — National Policy Outlook, September 17-19, 2013, Washington, D.C. Join us at the conference to: Featured speakers include: Jim Jones, Assistant Administrator, Office of Chemical Safety and Pollution Prevention, U.S. ENVIRONMENTAL PROTECTION AGENCY Bob Boughton, Senior Hazardous Substances Engineer, Safer...

As one of the U.S. Environmental Protection Agency (EPA) Administrator Gina McCarthy’s first official acts, on July 23, 2013, the Administrator signed a final rule easing the requirements under the Resource Conservation and Recovery Act (RCRA) for solvent-contaminated rags and wipes. The rule has been long in the making and much anticipated....