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...
Category: General
On August 27, 2019, the U.S. Environmental Protection Agency (EPA) published a proposed rule in the Federal Register that makes several changes to the current “Crop Group 19: Herbs and Spices Group.” This latest proposal, which is the fifth in a series of crop group amendments, was created in response to a petition developed by the International Crop Group Consulting Committee (ICGCC) workgroup that was submitted by the Interregional Research Project Number 4...
August 27, 2019
Lynn L. Bergeson, “EPA Proposes PBT Chemicals Rule,” Chemical Processing, August 27, 2019.
After many years of study, the U.S. Environmental Protection Agency (EPA), industry stakeholders, and the scientific community at large well know that chemicals that are persistent, bioaccumulative, and toxic (PBT) behave differently in the environment and in biological systems than non-PBT chemicals. Congress acknowledged this in updating the Toxic Substances Control Act (TSCA) in 2016 by specifying special provisions under TSCA Section 6(h) for PBT chemicals. In June of this year,...
On August 23, 2019, the U.S. Environmental Protection Agency (EPA) published a Federal Register notice proposing to designate 20 chemical substances as high-priority substances for risk evaluation under the Toxic Substances Control Act (TSCA). 84 Fed. Reg. 44300. The notice includes a summary of the approach used by EPA to support the proposed designations, the proposed designation for each of the chemical substances, and instructions on how to access the chemical-specific information,...
August 23, 2019
PEER Petitions EPA for TSCA Rule Prohibiting Oil Refineries from Using Hydrofluoric Acid in Manufacturing Processes
The U.S. Environmental Protection Agency (EPA) posted an August 7, 2019, petition for rulemaking submitted by the Public Employees for Environmental Responsibility (PEER) under Section 21 of the Toxic Substances Control Act (TSCA). PEER asks that oil refineries be prohibited from using hydrofluoric acid in their manufacturing processes and that oil refineries be required to phase out the use of hydrofluoric acid within two years. According to PEER, TSCA and the Clean Air...
On August 23, 2019, the U.S. Environmental Protection Agency (EPA) issued a Federal Register notice announcing the receipt of 10 applications to amend currently registered pesticide products to add hemp as a new use site. The 10 application amendments are the result of the 2018 Farm Bill, signed in to law on December 20, 2018, that removed hemp from the Controlled Substances Act and legalized commercial use and production of hemp that contains less than 0.3% tetrahydrocannabinol...
Health and safety studies provide invaluable insights into the hazards posed by chemical substances. The cost of generating these studies is also considerable, and access to them should be commensurate with the intellectual property interests they reflect. This article explores two current challenges under the Toxic Substances Control Act (TSCA) and offers practical tips for managing these issues.
August 23, 2019
NEB To Host Free Workshop For Fuel Retailers
By Lynn L. Bergeson On August 28, 2019, from 10:00 a.m. to 3:30 p.m. (CDT), the Nebraska Ethanol Board (NEB) will host a free workshop for fuel retailers across the state to demonstrate the benefits and ease of offering ethanol-15 (E15) fuel to customers. The one-day workshop will cover misconceptions about the cost of offering E15, best practices, and resources to make implementing and labeling infrastructure easy and affordable. Space is limited, and interested parties must register by August...
August 23, 2019
Brazilian Research Institute Partners With Government To Evaluate Bio-Agricultural Inputs
By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On August 16, 2019, the Instituto de Pesquisa Econômica Aplicada (Ipea – Institute of Applied Economic Research) announced its partnership with the Ministério da Agricultura, Pecuária e Abastecimento (Mapa - Brazilian Agriculture, Livestock, and Supply Ministry) to develop indicators to evaluate the implementation of the Programa Nacional de Insumos para Agricultura Orgânica (Bioinsumos – National Input for...
August 23, 2019
EPA IG Asked To Investigate Exemptions From RFS
By Lynn L. Bergeson On August 21, 2019, Iowa Democratic Representative Cindy Axne asked the U.S. Environmental Protection Agency’s (EPA) Inspector General (IG) to investigate how EPA decided to grant the exemptions from the Renewable Fuel Standard (RFS) requested by oil refiners. EPA approved 31 petitions for waivers from the 2018 requirements. Lawmakers are not pleased at what appears to be EPA favoring the oil industry. Hence, Representative Axne’s call for an IG...