Category: General

November 13, 2013

American Law Institute Continuing Legal Education (ALI CLE) Webinar – – “The Regulatory Structure of Products,” November 13, 2013, 3:00 – 4:30 p.m. EST

Myriad standards for product regulation exist outside of the regulatory structure. Building on the first program's focus on traditional regulatory requirements, this program discussed how standards beyond and apart from the regulatory structure—including private standards such as ISO and ANSI—are developed for chemicals. Lynn L. Bergeson was the planning Chair of the series and moderated the webinar. The webinar was co-sponsored by the Environmental Law Institute (ELI), an was the...
November 12, 2013

A&WMA Seeks Authors, Presenters, and Panelists for June 2014 Conference

The Air & Waste Management Association (A&WMA) is currently seeking authors, presenters, and panelists for its 107th Annual Conference and Exhibition, which will be held June 24-27, 2014, in Long Beach, California.  The A&WMA Intercommittee Task Force (ITF) on Nanoscale Science and Engineering is sponsoring a track in the technical program that will span a wide array of subjects, including environmental policy, measurement, health effects, monitoring, management, and safety...
November 8, 2013

Court Vacates and Remands EPA’s Conditional Registration of HeiQ’s Nanosilver Products

On November 7, 2013, the U.S. Court of Appeals for the Ninth Circuit granted in part and denied in part the Natural Resources Defense Council’s (NRDC) petition for review of the U.S. Environmental Protection Agency’s (EPA) conditional registration of HeiQ AGS-20 and AGS-20 U (collectively, AGS-20) nanosilver products. The court held that “substantial evidence” supported EPA’s decision to use the characteristics of toddlers rather than infants in determining whether AGS-20 placed...
November 8, 2013

Lynn L. Bergeson, “Court Vacates and Remands EPA’s Conditional Registration of HeiQ’s Nanosilver Products,” Nanotechnology Now, November 8, 2013.

On November 7, 2013, the U.S. Court of Appeals for the Ninth Circuit granted in part and denied in part the Natural Resources Defense Council's (NRDC) petition for review of the U.S. Environmental Protection Agency's (EPA) conditional registration of HeiQ AGS-20 and AGS-20 U (collectively, AGS-20) nanosilver products.
November 8, 2013

NatureWorks Announcement

On October 31, 2013, NatureWorks issued a press release announcing that it "now offers three new Ingeo high performance biopolymer grades designed for injection molding and extrusion applications. They will allow formulations comparable in performance to engineering thermoplastics at a cost lower than any previous high-biobased content polymers on the market." A copy of the press release is available online.
November 8, 2013

Biodiesel Credits Determined Not To Be Gross Income

The Internal Revenue Service (IRS) has released an advice memorandum from the agency's Office of Chief Counsel determining that "[b]y electing the § 6426(c) excise tax credit [biodiesel mixture credit] and/or the § 6427(e) excise tax payment instead of the § 40A income tax credit, a blender is not required by § 87 or by § 61 to include in its gross income the amount of the § 6426(c) excise tax credits and/or the § 6427(e) payments that it claims."...
November 6, 2013

WHO Meeting Report States Precautionary Approach Towards Nanomaterials “Seems Desirable”

The World Health Organization (WHO) recently published the report of the December 10-11, 2012, WHO expert meeting entitled Nanotechnology and human health: Scientific evidence and risk governance. The conclusion states that while “first generation nanomaterials are being used in a variety of applications and products, they do not seem to present an imminent public health issue.” The conclusion continues, however, and states: “Given the scientific uncertainty and still emerging...
November 4, 2013

Wilson Center Announces Updated Nanotechnology Consumer Products Inventory

On October 28, 2013, the Wilson Center announced that the updated Nanotechnology Consumer Products Inventory contains 1,628 consumer products that have been introduced to the market since 2005, which is a 24 percent increase since the last update in 2010. The Wilson Center states that the re-launched inventory “seeks to address scientific uncertainty with contributions from those involved with nanomaterials production, use, and analysis.” The Project on Emerging...
November 1, 2013

Monthly Update for November 2013

TSCA/FIFRA/IRIS/EPCRA IARC Nominations Of Possible Carcinogens: The International Agency for Research on Cancer (IARC) announced on October 15, 2013, that it is seeking nominations by January 31, 2014, of chemicals, occupations, biological agents, or other factors suspected of causing cancer in humans. A scientific committee will review the nominated substances or situations April 7-9, 2014, to select those that will be subject to examination to determine whether they are human...
November 1, 2013

Lisa R. Burchi, “DTSC Releases Final Safer Consumer Products Regulations,” ABA Section of Environment, Energy, and Resources Chemicals, Chemicals Regulation, and Right-to-Know Committee Newsletter, November, 2013.

On August 28, 2013, California’s Office of Administrative Law (OAL) approved the California Department of Toxic Substances Control (DTSC or department) Safer Consumer Products Regulations (regulations). The regulations took effect on October 1, 2013. The regulations are the much-anticipated regulatory implementation of California’s Green Chemistry Initiative. The regulations and final statement of reasons are available at http://www.dtsc.ca.gov/SCPRegulations.cfm.The scope of the...
November 1, 2013

Court Agrees To Expedite Review Of RFS Case

On October 30, 2013, the U.S. Court of Appeals for the District of Columbia approved the request by Monroe Energy to expedite review of the current RFS litigation challenging EPA's final rule setting the 2013 renewable volume obligations under the federal RFS (the 2013 RFS rule). In October 2013, Monroe, the American Petroleum Institute (API), and the American Fuel and Petrochemical Manufacturers (AFPM) filed individual cases before the court challenging the 2013 RFS rule. These cases have...
November 1, 2013

Senators Expected To Introduce Bill To Eliminate RFS Conventional Ethanol Requiremen

Citing concerns over livestock in their states, Senators Dianne Feinstein (D-CA) and Tom Coburn (R-OK) have announced plans to introduce legislation to eliminate the corn ethanol volume requirements under the federal RFS. The bill would leave the advanced biofuels requirements in place. Certain stakeholders in the biofuels industry have already come out against the bill. For instance, it is reported that Renewable Fuels Association President and CEO Bob Dinneen has stressed the importance of...
October 30, 2013

FDA Finds Current Regulatory Review Processes Protect Public from Risks of Nanomaterials

The U.S. Food and Drug Administration (FDA) Center for Drug Evaluation and Research (CDER) posted a blog item on October 24, 2013, concerning the use of nanotechnology to develop new drugs. According to the item, “[t]here are already many products made using materials at the nanoscale, including new kinds of clothing, packaging materials, and light-weight, but strong, building materials.” CDER conducted a series of risk assessment and risk management exercises concerning...