All Knowledge & Insights By Date

As a candidate and now as president, President Trump has been uncharacteristically predictable in systematically dismantling signature environmental policies of prior administrations and ceding the United States’ leadership in combating climate change to other global powers. The administration’s industrial chemicals management policy has been less transparent and predictable, however. Some may have interpreted candidate Trump’s notable silence on the campaign trail as support for Toxic...

On August 21, 2018, the U.S. Environmental Protection Agency (EPA) announced it was posting new frequently asked questions (FAQ) for registrants and contract laboratories conducting honeybee toxicity testing.  EPA states that these FAQs are “made up of responses to inquiries EPA commonly receives about protocols used to generate honeybee toxicity data for submission in support of pesticide registration,” and are “meant to complement the Agency’s existing Pollinator Risk Assessment...

The release of the Toxic Substances Control Act (TSCA) Section 5(a)(3)(C) determination for a new polymer, P-16-0510, represents a positive step in implementing the New Chemicals Program under the Frank R. Lautenberg Chemical Safety for the 21st Century Act. The new chemical is intended to be used as a deodorizer in a variety of products, including floor cleaners, cat litter, fabric freshener sprays and other consumer products. This column explains why this is a significant development.

On August 21, 2018, Christopher R. Bryant, Senior Regulatory Consultant, Bergeson & Campbell, P.C. (B&C®), was quoted by Bloomberg Environment regarding the U.S. Court of Appeals for the District of Columbia Circuit’s recent order for the U.S. Environmental Protection Agency (EPA) to reconsider multiple parts of a 2015 regulation determining “how coal-fired energy utilities could dispose of coal ash, a byproduct of burning coal to generate electricity.” The decision...

According to the Summer 2018 edition of the National Nanotechnology Coordination Office’s (NNCO) quarterly newsletter, in 2018, NNCO will focus on two of its primary responsibilities — providing public outreach and promoting commercialization of nanotechnology.  NNCO states that its activities “will build upon and expand efforts to tell the stories” from the National Nanotechnology Initiative (NNI), and to support the nanotechnology community by facilitating networks, promoting access...

By Lynn L. Bergeson On August 2, 2018, the Trump Administration’s Principal Deputy Director of the U.S. Fish and Wildlife Service, Gregory J. Sheehan, reversed an Obama era 2014 policy on the use of biotechnology on wildlife refuges. On July 17, 2014, the Obama Administration issued a memorandum prohibiting the use of genetically modified biotechnology crops to feed wildlife and the use of neonicotinoid pesticides in agricultural practices. This ban was issued in response to lawsuits that...

The ‘right-to-know’ has been a foundational element of U.S. environmental law and policy for decades. As more information becomes known about the potential health and environmental impacts of chemical substances in industrial, commercial, and especially consumer products, the public’s interest in product ingredients has sharply increased. Recently this interest has taken a new direction, one targeting consumer cleaning products. Two state initiatives, originating in opposite sides of the...

By Lynn L. Bergeson On August 2, 2018, the U.S. Department of Energy (DOE), Office of Energy Efficiency and Renewable Energy (EERE) Bioenergy Technologies Office (BETO) announced a request for input from the industry, academia, National Laboratories, government agencies, and other biofuels and bioproducts stakeholders on “custom catalyst production capability for biochemical and thermochemical processes.” Particularly, BETO is seeking information on areas of research,...

By Lynn L. Bergeson On July 19, 2018, the bipartisan Carbon Utilization Act was introduced by Representatives Scott Peters (D-CA) and David Young (R-IA) to promote biogas and carbon capture utilization and sequestration (CCUS) technologies. Biogas is produced by converting organic waste material into CO2, methane, and other carbon products that then are captured by CCUS technologies to use as energy or fuel. The newly introduced bill incentivizes the use of innovative technologies for...

By Lynn L. Bergeson On August 1, 2018, the U.S. Senate Committee on Environment and Public Works (EPW Committee) held a hearing entitled “Examining EPA’s Agenda:  Protecting the Environment and Allowing America’s Economy to Grow.”  Testifying at the hearing was Andrew Wheeler, the U.S. Environmental Protection Agency’s (EPA) Acting Administrator.  Witness testimony and an archive of the hearing are available online.  The hearing was intended...