The IBA Agricultural Law Section, supported by the ABA Section of Environment Energy and Resources, Committee on Pesticides, Chemical Regulation and Right-to-Know, the Environmental Law Institute and the National Agricultural Law Center, presented “Sustainable Investment in Agriculture,” with a focus on emerging legal issues in the area of sustainable and responsible investment in agriculture. Presenters discussed emerging tools and legal models for ensuring sustainable investment in...
May 17, 2019
Lynn L. Bergeson, “Chemical Compliance: Get Ready for South Korean Deadline,” Chemical Processing, May 17, 2019.
Global chemical substance notification deadlines continue to populate the regulatory horizon. For companies active in worldwide markets, it’s crucial to review and meet all important notification and registration deadlines in each country. This article focuses on South Korea’s policy and explains why it’s essential to meet these deadlines....
The U.S. Environmental Protection Agency (EPA) released on March 20, 2019, a list of 20 chemicals that EPA has suggested as candidates for high priority designation under the Toxic Substances Control Act (TSCA), as reported in our March 22, 2019, memorandum “EPA Releases List of 40 Chemicals Undergoing Prioritization for Risk Evaluation.” Should those chemicals go forward as high priority, they will be subject to risk evaluation under TSCA Section 6. Industry...
On May 2, 2019, California’s Office of Environmental Health Hazard Assessment (OEHHA) published a definition of nickel (soluble compounds) for the purposes of Proposition 65 (Prop 65). Under the notice, nickel (soluble compounds) are defined to be compounds of nickel with solubility in water of greater than 0.1 moles per liter (mol/L) at 20oC. OEHHA states that this definition is consistent both with the discussion by the Developmental and Reproductive Toxicant Identification...
The Acta Group (Acta®) was pleased to present the complimentary webinar “Preserving Cosmetics on a Global Scale: It is Harder than You Think.” Karin F. Baron, MSPH, Senior Regulatory Consultant, Acta; Scott J. Burya, Ph.D., Regulatory Chemist, Acta; and Jane S. Vergnes, Ph.D., DABT®, Vice President, Scientific Affairs and Director of Toxicology, Acta, presented....
April 26, 2019
Lynn L. Bergeson Quoted by Bloomberg Environment in Article “Chemical Rule Sent Back to EPA on Trade Secret Concerns”
On April 26, 2019, Bloomberg Environment quoted Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), regarding a U.S. Court of Appeals for the District of Columbia Circuit ruling that a U.S. Environmental Protection Agency (EPA) rule failed to require chemical manufacturers to sufficiently prove that they have protected their chemical’s secret identity from discovery through reverse engineering. The requirement for companies to substantiate their...
We have a repeat guest this week: fan favorite, Dr. Richard Engler, Bergeson & Campbell’s Director of Chemistry and Toxic Substances Control Act (TSCA) guru-in-residence. I sat down with Rich to find out more about so-called “New Chemicals” and the challenges faced by not only new chemical manufacturers, but also by the U.S. Environmental Protection Agency (EPA) in trying to fulfill its duties as a regulatory gatekeeper. As a seasoned veteran of EPA himself, where...
On April 23, 2019, Bloomberg Environment featured comments by Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), and Kathleen M. Roberts, Vice President of B&C® Consortia Management, L.L.C. (BCCM), in the article “EPA Proposal May Not Streamline Chemical Reporting After All.” Attorneys and other industry consultants told Bloomberg Environment the agency’s proposal would be a mixed bag in terms of saved time. […] Companies would...
In the recent past, two important states—California and New York—have launched extensive and precedent‐setting ingredient disclosure laws regarding cleaning products with the clear goal of prompting the deselection of certain chemical substances and forcing product reformulation. Industry prefers to refer to this trend as “ingredient communication,” a goal we can all agree is desirable. By whatever name, these state measures will have a significant impact on ingredient disclosure...
On April 17, 2019, the U.S. Environmental Protection Agency (EPA) released a final significant new use rule (SNUR) for asbestos using the definition in Title II, Section 202 of the Toxic Substances Control Act (TSCA), which defines asbestos as the “asbestiform varieties of six fiber types — chrysotile (serpentine), crocidolite (riebeckite), amosite (cummingtonite-grunerite), anthophyllite, tremolite or actinolite.” EPA states that it is promulgating the SNUR “to...