The January 14, 2011, issue of Pesticide & Toxic Chemical News notes that Lynn L. Bergeson blogged that B&C Consortia Management, L.L.C., will be working with BASF to create a consortium to respond to the California Department of Toxic Substances Control’s (CDTSC) data call-in (DCI) on nano silver, nano zero valent iron, nano titanium dioxide, nano zinc oxide, nano cerium oxide, and quantum dots....
The January 14, 2011, issue of Pesticide & Toxic Chemical News quotes James V. Aidala regarding the U.S. Environmental Protection Agency’s (EPA) decision to revoke tolerances for a fluoride-based pesticide. According to Aidala, EPA’s use of aggregate risk in making its decision could raise questions....
January 13, 2011
Lynn L. Bergeson, “SCPA Delays Could Impact Industry,” Chemical Processing, January 2011.
In response to concerns expressed by diverse stakeholders over the final draft of its Safer Consumer Product Alternatives (SCPA) regulations, the California Environmental Protection Agency (CalEPA) has delayed implementation of the regulations, which focus on chemicals and chemical ingredients in consumer products. The net effect of this recent development on the regulation of chemical substances in consumer products in California is uncertain. This column discusses the recent change in plans...
January 13, 2011
Lynn L. Bergeson and Charles M. Auer, “Nano Disclosures: Too Small to Matter or Too Big to Ignore?,” Natural Resources & Environment, Winter 2011.
Determining whether the presence of nanoscale materials in chemical substances, mixtures, and articles triggers a disclosure obligation is complicated. The decision turns on a calculus that includes what law applies, what is known about the presence of nanoscale components, what knowledge standard applies, whether and how a nanoscale material is defined, and an entity’s interpretation of disclosure obligations. This article outlines the state of domestic environmental and securities law and...
On December 21, 2010, the California Department of Toxic Substances Control (DTSC) issued a much anticipated data call-in (DCI) for information regarding analytical test methods, and other relevant information, from manufacturers of nano silver, nano zero valent iron, nano titanium dioxide, nano zinc oxide, nano cerium oxide, and quantum dots....
The January 11, 2011, issue of Law 360 includes a guess column by Lynn L. Bergeson, James V. Aidala, and Charles M. Auer regarding the effect the election results will have on the operations of the U.S. Environmental Protection Agency’s (EPA) Office of Chemical Safety and Pollution Protection (OCSPP)....
The January 3/10, 2011, issue of Chemical Week quotes Lynn L. Bergeson regarding the regulatory outlook for chemical producers in the 112th Congress....
January 10, 2011
CPSC Will Hold Web Conferences on the Publicly Available Consumer Product Safety Information Database
On January 7, 2011, the U.S. Consumer Product Safety Commission (CPSC) announced that it will hold two live web conferences on the publicly available consumer product safety information database. During the first web conference, scheduled for January 11, 2011, CPSC will demonstrate key functions of the database, such as how a consumer will be able to use the new online reporting form to submit a report of harm related to the use of a consumer product...
January 7, 2011
New Avenues for Pesticide and Chemical Litigation Emerge as Nationwide ESA Lawsuit Looms
The January 7, 2011, issue of Pesticide & Toxic Chemical News quotes Lynn L. Bergeson regarding the possibility of litigation concerning the U.S. Environmental Protection Agency’s (EPA) application of significant new use rules (SNUR) to nanomaterials, as well as EPA’s process for adding chemicals to the Toxic Substances Control Act (TSCA) list of chemicals of concern....
In the January 7, 2011, issue of Pesticide & Toxic Chemical News, Lynn L. Bergeson states that stakeholders should expect “more aggressive oversight of all EPA programs, pesticides included....