All Knowledge & Insights By Date

On September 3, 2019, Earthjustice filed with the U.S. Environmental Protection Agency (EPA) a notice of intent (NOI) to sue EPA under Section 20(a)(2) of the Toxic Substances Control Act (TSCA) for “EPA’s repeated and ongoing failures to comply with TSCA’s nondiscretionary mandates to disclose to the public information about new chemical substances reviewed by EPA.” According to Earthjustice, EPA “routinely fails to disclose” certain information regarding the submission...

Bergeson & Campbell, P.C. (B&C®) and The Acta Group (Acta®) are pleased to announce the addition of five accomplished, experienced professionals to our firms. Heather J. Blankinship has joined our firms as a Senior Regulatory Consultant. Ms. Blankinship works with clients to develop strategic, comprehensive, cost-effective approaches to global regulatory compliance, product risk assessment, and sustainability programs. Ms. Blankinship’s product category expertise includes oil and...

COLUMBUS, OHIO – The Product Stewardship Society (PSS) Board of Directors inducted Lynn L. Bergeson as President during its annual board meeting preceding the Product Stewardship conference being held in Columbus, Ohio, September 10 – 12, 2019.  Ms. Bergeson, Managing Partner of Bergeson & Campbell, P.C. (B&C®), will serve as President through 2021. Ms. Bergeson has served on the PSS Board of Directors since 2015. PSS is an affiliate of the American Industrial...

The Chinese Ministry of Ecology and Environment (MEE) notified the World Trade Organization (WTO) of its “Environmental Risk Assessment and Control Regulation for Chemical Substances (Notification Draft)” (the draft Regulation) and “Measures on the Environmental Management of New Chemical Substances (Notification Draft)” (the draft Measures) on September 2, 2019. The draft Regulation is a revised version of the Consultative Draft of the Regulation published on January 8, 2019,...

This week, I sat down with Scott Fulton, President of the Environmental Law Institute, on the occasion of ELI’s 50th anniversary. Scott is ELI’s 5th President. As a former ELI Board member myself and a practicing lawyer in the environmental space, I have known Scott for years given his many high profile roles as a former EPA General Counsel, Assistant Chief of the Environmental Enforcement Section at the U.S. Department of Justice, among other prominent positions. In...

This week, I sat down with Scott Fulton, President of the Environmental Law Institute, on the occasion of ELI’s 50th anniversary. Scott is ELI’s 5th President. As a former ELI Board member myself and a practicing lawyer in the environmental space, I have known Scott for years given his many high profile roles as a former EPA General Counsel, Assistant Chief of the Environmental Enforcement Section at the U.S. Department of Justice, among other prominent positions. In...

The cost of generating health and safety studies is considerable and data owners have every right to expect some protection from disclosure to preserve the value of their intellectual property.  This is no longer guaranteed as Lynn L. Bergeson, Richard E. Engler, Ph.D., and Kathleen M. Roberts wrote in a two-part article in Bloomberg Environment Insights. The authors propose that the U.S. Environmental Protection Agency’s (EPA) practice of disclosing entire health and safety studies...

In a significant victory for industry, on August 27, 2019, the State of New York Supreme Court invalidated the New York Department of Environmental Conservation (NYDEC) Household Cleansing Product Information Disclosure Program (Disclosure Program). Information related to NYDEC’s prior delay of its enforcement of its Disclosure Program is available here, and general information regarding the Program and its extensive requirements for manufacturers of certain consumer cleaning...

Bergeson & Campbell, P.C. (B&C®) is pleased to announce that Managing Partner Lynn L. Bergeson has been awarded the highest ranking attainable, Band 1, in Chambers USA Guide 2019. This is Ms. Bergeson’s 14th year of being ranked by Chambers USA as one of the best lawyers in America. The commentary accompanying her 2019 Chambers ranking speaks of Ms. Bergeson’s “stellar reputation in the environment space,”and quotes clients as saying: “If you need advice in the...

On July 1, 2020, the Australian Industrial Chemicals Introduction Scheme (AICIS) will replace the National Industrial Chemicals Notification and Assessment Scheme (NICNAS). The Industrial Chemicals Act 2019, which was passed by Parliament in February 2019 and received Royal Assent in March 2019, created AICIS, a new regulatory scheme for the importation and manufacture of industrial chemicals in Australia. Currently, NICNAS assesses the risks of industrial chemicals and provides...