July 26, 2019

House Subcommittee Holds Hearing on “Benign by Design: Innovations in Sustainable Chemistry”

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...
July 26, 2019

Lynn L. Bergeson, “Expert Focus: TSCA and Liability under the False Claims Act – a Potentially Promising Area,” Chemical Watch, July 26, 2019.

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....
July 25, 2019

Food Security and World Hunger with Katherine Meighan, International Fund for Agricultural Development 

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...
July 25, 2019

WEBINAR—New TSCA at 3: Key Implementation Issues, July 25, 2019, 1:00 p.m. – 2:00 p.m. EDT

Bergeson & Campbell, P.C. (B&C®) was pleased to present the complimentary webinar “New TSCA at 3:  Key Implementation Issues.” Alexandra Dapolito Dunn, Assistant Administrator, EPA Office of Chemical Safety and Pollution Prevention; Lynn L. Bergeson, Managing Partner, B&C; and Richard E. Engler, Ph.D., Director of Chemistry, B&C, presented. ...
July 22, 2019

Communication and Recordkeeping Requirements Related to EPA Ban on Consumer Use Paint Removers Containing Methylene Chloride Go in Effect on August 26, 2019

In the March 27, 2019, Federal Register, the U.S. Environmental Protection Agency (EPA) issued its final regulatory rulemaking that prohibits the manufacture (including import), processing, and distribution of methylene chloride for consumer paint and coating removal. 84 Fed. Reg. 11420. See Bergeson & Campbell, P.C.’s memorandum, “EPA Bans Consumer Sales of Methylene Chloride Paint Removers, Seeks Comment on Program for Commercial Uses.” Starting...
July 18, 2019

WEBINAR – New TSCA at 3:  Key Implementation Issues

New TSCA at 3:  Key Implementation Issues Thursday, July 25, 20191:00 p.m. – 2:00 p.m. (EDT) Register Today Overview: This one-hour webinar will build upon the Bergeson & Campbell, P.C.-sponsored “TSCA:  Three Years Later” one-day conference, co-sponsored by the Environmental Law Institute (ELI) and the George Washington University Milken Institute School of Public Health on June 24, 2019.  The webinar will drill down on key implementation challenges facing...
July 16, 2019

EPA Announces Important New Policy on TSCA CBI Claims of Deficiency

The U.S. Environmental Protection Agency (EPA) announced on July 15, 2019, that it will cease sending notices of deficiency to businesses that submit procedurally flawed confidential business information (CBI) claims under the Toxic Substances Control Act (TSCA). This is a significant change from the interpretation EPA announced in January 2017, and a company’s failure to appreciate its consequences could prove damaging. Effective August 15, 2019, EPA will provide written notice to...
July 16, 2019

Lynn L. Bergeson, “USDA Enhances Biobased Procurement Program,” Chemical Processing, July 16, 2019.

The U.S. Department of Agriculture (USDA) published a final rule on July 5, 2019, amending its “Guidelines for Designating Biobased Products for Federal Procurement” to include 30 more product categories for biobased products that may receive procurement preference by federal agencies and their contractors. These 30 product categories contain finished products made, in large part, from intermediate ingredients designated for federal procurement preference. This article explains why...