All Knowledge & Insights By Date

The U.S. Environmental Protection Agency (EPA) announced on August 16, 2019, that it has opened the public comment periods for manufacturer requests for the risk evaluations of two chemicals used in plastic production, diisodecyl phthalate (DIDP) and diisononyl phthalate (DINP). EPA notes that the manufacturer-requested risk evaluations of DIDP and DINP “are among the first such evaluations of this kind to be requested” under the Toxic Substances Control Act (TSCA). EPA states that it “is...

This week, I sat down with Dr. Lisa E. Friedersdorf, the Director of the National Nanotechnology Coordination Office (or NNCO) to discuss all things nano. For anyone in the nano space, Lisa is a rock star and well known to all. To those less familiar, Lisa joined NNCO several years ago, having served as the Associate Director of the Materials Research Center at Lehigh University and Director of the Industry Liaison Program. Lisa was also Director of the Virginia Nanotechnology...

On August 13, 2019, the U.S. Environmental Protection Agency (EPA) released the list of 20 chemical substances that it proposes to designate as low-priority substances for which risk evaluation under the Toxic Substances Control Act (TSCA) is not warranted at this time. The pre-publication version of EPA’s proposed rule provides a summary of the approach used by EPA to support the proposed designations, the proposed designations for each of the chemical substances, and instructions...

The U.S. Environmental Protection Agency (EPA) released on August 9, 2019, the draft risk evaluation for 1-bromopropane (1-BP), the fourth of the first ten chemicals undergoing risk evaluation under the amended Toxic Substances Control Act (TSCA). The draft risk evaluation states that there could be unreasonable risks to workers, occupational non-users, consumers, and bystanders under certain conditions of use. EPA did not find unreasonable risk to the environment under any of the...

The U.S. Environmental Protection Agency (EPA) published a Federal Register notice on May 15, 2019, announcing the availability of a signed action identifying chemical substances for inactive designation according to the Toxic Substances Control Act (TSCA) Inventory Notification (Active-Inactive) Requirements rule. 84 Fed. Reg. 21772. The signed action, dated May 6, 2019, initiated a 90-day period after which substances identified as inactive will be designated as inactive. Inactive...

Last October, at the Annual Meeting of the International Bar Association in Rome, I was fortunate enough to be introduced to Katherine Meighan, the General Counsel of IFAD, the International Fund for Agricultural Development.  Katherine gave an eye-opening presentation at the IBA conference on IFAD’s efforts to address the issue of food security and world hunger, and I knew I had to have her on the podcast to share her message and to dig deeper into her work as General...

Manufacturers and importers should weigh in on China’s planned changes to registration requirements for new chemical substances, write Brian Xu and Jane Vergnes of The Acta Group, and Carla Hutton of Bergeson & Campbell.

On July 25, 2019, the House Science, Space, and Technology Subcommittee on Research and Technology held a hearing on “Benign by Design:  Innovations in Sustainable Chemistry.”  Subcommittee Chair Haley Stevens (D-MI) opened the hearing, stating that she looked forward to a discussion about the market drivers for sustainability in the chemical industry, the integration of sustainability in chemistry education, and the role of the federal government in supporting research and...

A federal appellate court recently decided a case brought under the FCA’s reverse false claims provision premised on alleged non-compliance with a TSCA reporting obligation. Kasowitz Benson Torres LLP v. BASF Corp. As discussed in this article, while the court dismissed the case, it did so for fact-specific reasons and creative plaintiff lawyers can be expected to rely upon the FCA in the future to bring actions based on other TSCA provisions.

Last October, at the Annual Meeting of the International Bar Association in Rome, I was fortunate enough to be introduced to Katherine Meighan, the General Counsel of IFAD, the International Fund for Agricultural Development.  Katherine gave an eye-opening presentation at the IBA conference on IFAD’s efforts to address the issue of food security and world hunger, and I knew I had to have her on the podcast to share her message and to dig deeper into her work as General...