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On Feburary 28, 2022, Richard E. Engler, Ph.D., Director of Chemistry with Bergeson & Campbell, P.C. (B&C®), was quoted by Bloomberg Law regarding the U.S. Environmental Protection Agency’s (EPA) announcement that, as of April 26, it will no longer process chemical manufacturers’ requests to correct the specific ways chemicals on the Toxic Substances Control Act (TSCA) inventory are identified. If the EPA is concerned that companies are using correction...

Contrary to popular opinion, the U.S. Environmental Protection Agency’s (EPA) enforcement activity under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) has been trending upward over the last couple of years. As noted in our earlier advisory memorandum on enforcement activity under the Toxic Substances Control Act (TSCA), although most parties subject to TSCA inspections receive a “boilerplate” letter, FIFRA enforcement actions tend to be more heterogeneous....

Per- and polyfluoroalkyl substances (PFAS) are getting a lot of attention in the United States and globally. Their varied chemical properties make the categorization of “PFAS” into a single category chemically and scientifically questionable. Increasingly, the ability to make distinctions among this large chemical category is challenging, yet failure to do so could be unwise. This article provides information on PFAS, and offers a few suggestions to keep in mind when making business...

The ubiquity of per- and polyfluoroalkyl substances (PFAS) and the manufacturing sector’s decades-long reliance on them to impart functionalities in a dizzying array of products put the investor between the proverbial rock and a hard place. PFAS varied chemical properties make the broad categorisation of ‘PFAS’ into a monolithic category of ‘forever chemicals’ chemically and scientifically questionable. For better or worse, however, that is exactly what is happening today, and...

Environment and Climate Change Canada (ECCC) announced on February 9, 2022, that the government introduced in the Senate the Strengthening Environmental Protection for a Healthier Canada Act (Bill S-5), intended to modernize the Canadian Environmental Protection Act, 1999 (CEPA) and make related amendments to the Food and Drugs Act (FDA). The bill was initially introduced in the 43rd Parliament in April 2021 as Bill C-28, but it was not considered due to the federal election...

Download Transcript This week I had the pleasure of sitting down with Baskut Tuncak, newly named Director, the Toxics Use Reduction Institute (TURI), at the University of Massachusetts, Lowell. Baskut is a lawyer and former research chemist with a truly distinguished and fascinating career in a diverse range of public and private sector roles in toxics issues. Baskut most recently served as the United Nations (UN) Special Rapporteur on toxics and human rights. In our conversation,...

On February 15, 2022, Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), and Richard E. Engler, Ph.D., Director of Chemistry, B&C, were quoted by Inside TSCA regarding the U.S. Environmental Protection Agency’s (EPA) application of new approach methods (NAMs) and category-based analyses for new-chemical reviews.  An industry attorney says EPA’s application of new approach methods (NAMs) and category-based analyses for...

Download transcript. This week I was thrilled to sit down with James V. Aidala, B&C’s Senior Government Affairs Consultant, and Dr. Richard E. Engler, B&C’s and The Acta Group’s (our consulting affiliate) Director of Chemistry, to discuss what to expect in 2022 with regard to industrial and agricultural chemical regulation. As our listeners know, each year we publish a Forecast, a written summary of our best professional judgment as to the trends and key developments we...

On January 20, 2022, the European Commission (EC) launched a public consultation seeking comment on a proposed revision of the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) regulation (No. 1907/2006). The consultation is the most extensive to date; it covers many elements of the legislation and, once changes are implemented, will have a significant impact on industry for the future. The consultation topics include: The consultation is a product of the EC’s...

Bergeson & Campbell, P.C.’s (B&C®) January 26, 2022, webinar “What to Expect in Chemicals in 2022” is now available for on-demand viewing at https://attendee.gotowebinar.com/recording/864194569862780944. During the 1-hour webinar, Lynn L. Bergeson, Managing Partner, B&C; Richard E. Engler, Ph.D., Director of Chemistry, B&C; and James V. Aidala, Senior Government Affairs Consultant, B&C offered their best-informed judgment as to the trends and key developments...