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On October 31, 2012, the Court of Appeals of the State of California, Third Appellate District, issued a decision affirming the decision of the trial court, which found that the California Office of Environmental Health Hazard Assessment (OEHHA) had failed to provide sufficient evidence that styrene and vinyl acetate are “known” to cause cancer and thus these substances could not be listed as carcinogens under Proposition 65. The decision, which is available online, has...

November 14, 20121:30 – 3:30 p.m. (EST) Bergeson & Campbell, P.C. (B&C) is hosting a complimentary webinar on the implications of the election results on federal environmental law and policy. This webinar will focus on the implications of President Obama’s reelection and yesterday’s Congressional election results, including what policies and initiatives can be expected in the next four years, and how any likely regulatory directions may affect our clients. Speakers...

In light of the the European Union’s (EU) adoption of the Biocidal Products Regulation (BPR) (Regulation (EU) 528/2012), which replaces and repeals the Biocidal Products Directive (BPD) (98/8/EC) for regulating biocidal active substances and biocidal products, Bergeson & Campbell, P.C. (B&C) has updated its memorandum on EU and international data compensation and sharing mechanisms. The BPR entered into force on July 17, 2012, with many new provisions going into effect on September...

In light of the the European Union’s (EU) adoption of the Biocidal Products Regulation (BPR) (Regulation (EU) 528/2012), which replaces and repeals the Biocidal Products Directive (BPD) (98/8/EC) for regulating biocidal active substances and biocidal products, Bergeson & Campbell, P.C. (B&C) has updated its memorandum on EU and international data compensation and sharing mechanisms. The BPR entered into force on July 17, 2012, with many new provisions going into effect on September...

November 14, 2012 — 1:30 p.m. (EST) Bergeson & Campbell, P.C. (B&C) is pleased to host a video webinar on the implications of the election results on federal environmental law and policy on November 14, 2012, at 1:30 p.m. (EST). This webinar will focus on the implications of the elections, including what policies and initiatives can be expected in the next four years, and how any likely regulatory directions may affect our clients. Lynn L....

The European Union in recent years has promulgated new regulations to set forth the procedures by which pesticides (called biocides and plant protectants in the EU) are registered and how companies can address issues related to the citation and compensation of data submitted that support those pesticide registrations. Canada also recently issued regulations setting forth new requirements on how data used to support a pesticide registration are protected. This article provides a broad overview of...

It is entirely appropriate to consider how REACH may influence reconsideration of the U.S. chemical regulatory environment, and the report provides some critical insights. But REACH is not the only consideration — Canada’s Chemical Management Plan should be considered as well. Further, REACH should be considered from a practitioner’s, not an academic’s, perspective to learn lessons relevant to U.S. chemicals management ...

On August 15, 2012, EPA issued proposed amendments to the significant new use rule (SNUR) for perfluoroalkyl sulfonate (PFAS) chemical substances to add seven PFAS chemical substances that have completed the new chemical review process under the Toxic Substances Control Act (TSCA). EPA has not yet commenced production or import, and to designate (for all listed PFAS chemical substances) “processing” as a significant new use. The agency is also proposing a SNUR for long-chain perfluoroalkyl...

The October 26, 2012, issue of Bloomberg BNA Daily Environment Report quotes Lynn L. Bergeson, who commented on the letter a coalition of European environmental and consumer advocates sent to the European Commission (EC), urging it to increase regulatory oversight of nanomaterials and mandate data collection....

The Integrated Risk Information System (IRIS) database of the U.S. Environmental Protection Agency (EPA) has stirred debate for years. EPA has vowed to reform its ways, and soon may be strongly urged to do so, as a result of an underway review mandated by Congress. Specifically, the measure directs the National Research Council (NRC) of the National Academy of Sciences (NAS) to review certain IRIS assessments. This article describes IRIS and the process underway to...