All Knowledge & Insights By Date

Bergeson & Campbell P.C. (B&C®)  was pleased to present “Navigating the Jurisdictional Tightrope Between Biopesticides, Biostimulants, and Related Emerging Technologies” deconstructing the jurisdictional boundaries distinguishing pesticides, biopesticides, plant regulators, biostimulants, and related technologies. The webinar focused on draft EPA guidance intended to clarify the lines between and among those products that are subject to FIFRA registration as plant...

This week, I was thrilled to sit down with Richard Keigwin, Director of the Office of Pesticide Programs (OPP) at the U.S. Environmental Protection Agency (EPA) here in Washington, D.C.  As OPP Director, Rick leads the EPA office that reviews and approves pesticide products used to combat the spread of SARS-CoV-2, the virus that causes COVID-19.  Historically, OPP has consistently been one of the busiest offices in EPA’s Office of Chemical Safety and Pollution Prevention...

On April 27, 2020, the U.S. Environmental Protection Agency (EPA) released the draft risk evaluation of perchloroethylene. According to EPA, it reviewed 68 conditions of use and preliminarily found unreasonable risk to workers, occupational non-users (ONUs), consumers, bystanders, and the environment from certain uses. EPA will use feedback received from the peer review and public comment process to inform the final risk evaluation. EPA notes that if its final risk evaluation finds there...

The EPA’s amendments to the Toxic Substances Control Act reporting requirements have increased the need for chemical stakeholders to manage actively supply chain communications. Lynn L. Bergeson, owner and managing partner of Bergeson & Campbell P.C., explores the upsides to be realized through these communications and the perils of failing to seize them. Download a PDF of this article here.

Under the amended Toxic Substances Control Act (TSCA), the U.S. Environmental Protection Agency (EPA) has authority to collect fees from chemical manufacturers and importers to defray a portion of the EPA costs associated with implementation efforts. The EPA fees rule, which became effective on October 18, 2018, required payment of fees for eight categories of fee-triggering events under TSCA, including EPA-initiated risk evaluations under TSCA Section 6. As part of the final fees rule, EPA...

On April 23, 2020, Sheryl L. Dolan, Senior Regulatory Consultant, Bergeson & Campbell, P.C. (B&C®), was quoted by Bloomberg Environment regarding EPA enforcement actions targeting unsubstantiated marketing claims that products protect against viruses, including Covid-19.  “If they’re making claims that the device treats the ambient air around us, but the virus isn’t expected to be there, it doesn’t actually protect anyone,” said Sheryl Dolan, a senior...

Bergeson & Campbell, P.C. (B&C®) is pleased to release a timely episode of the All Things Chemical™ podcast, “Chemical Distribution in the Time of COVID-19 — A Conversation with Eric R. Byer, NACD.” In this episode, Lynn L. Bergeson, Managing Partner, B&C, and Eric Byer, President and CEO of the National Association of Chemical Distributors (NACD), sat down to discuss current challenges facing small and large chemical distributors, and how NACD member...

On April 17, 2020, the U.S. Environmental Protection Agency (EPA) released the draft scope documents for the remaining seven of the 20 chemicals designated as high-priority substances for risk evaluation under the Toxic Substances Control Act (TSCA). The draft scope documents include the proposed conditions of use, hazards, exposures, and the potentially exposed or susceptible subpopulations EPA expects to consider in the risk evaluations. The documents also include: a description of...

The U.S. Food and Drug Administration (FDA) issued on April 18, 2020, an Emergency Use Authorization (EUA) for manufacturers and distributors of face masks in response to the ongoing efforts for prevention of the spread of the severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). As discussed below, in issuing this EUA, the FDA is effectively allowing manufacturers and distributors to address well-publicized concerns relating to national personal protective equipment (PPE)...

Bergeson & Campbell, P.C. (B&C®) is pleased to release a timely episode of the All Things Chemical™ podcast, COVID-19, FIFRA, and EPA -- A Conversation with Lisa Campbell.” In this episode, Lynn L. Bergeson, Managing Partner, B&C, and Lisa M. Campbell, one of the nation’s foremost legal experts on the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), a Partner at B&C, sat down to discuss U.S. Environmental Protection Agency (EPA)...