FIFRA

Lisa R. Burchi and Lynn L. Bergeson, "Pesticide Data Compensation in the EU and Canada," Bloomberg BNA Daily Environment Report, November 5, 2012.
The European Union in recent years has promulgated new regulations to set forth the procedures by which pesticides (called biocides and plant protectants in the EU) are registered and how companies can address issues related to the citation and compensation of data submitted that support those pesticide registrations. Canada also recently issued regulations setting forth new requirements on how data used to support a pesticide registration are protected. This article provides a broad overview of these regulations, the new procedures by which biocides and plant protectants will be registered in the EU, and the new ways that data citation and compensation will be addressed in the EU and Canada.
Lynn L. Bergeson, "Harmful Effects?," Manufacturing Today, September 2012.

NRDC challenges EPA’s FIFRA registration of nanosilver.

Lynn L. Bergeson, "Predictions for EPA’s Office of Chemical Safety and Pollution Prevention," ABA Section of Environment, Energy, and Resources, Pesticides, Chemical Regulation, and Right-To-Know Committee Newsletter, February 2012.
Lynn L. Bergeson, "Nanosilver Conditionally Registered as New Active Ingredient," Pollution Engineering, February 2012.

In August 2010, EPA announced that it was considering allowing the Swiss company HeiQ Materials Ag to enter the U.S. market with a new nanosilver pesticide and textile preservative, HeiQ AGS-20. On Dec. 1, 2011, the EPA issued a conditional registration for a pesticide product.

Lynn L. Bergeson, "NRDC Sues EPA Over Nanosilver," Chemical Processing, February 2012.

On January 26, 2012, the Natural Resources Defense Council (NRDC) sued the U.S. Environmental Protection Agency (EPA) for approving a pesticide product containing nanosilver under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This article summarizes the lawsuit, explains what’s at stake, and discusses the lawsuit’s implications.

Lynn L. Bergeson, "EPA Registers Nanosilver As Active Ingredient," Chemical Processing, December 2011.

The U.S. Environmental Protection Agency (EPA) announced on December 1, 2011, that it granted a conditional registration for a pesticide product containing nanosilver as a new active ingredient. This is a momentous regulatory decision and very good news for supporters of nanopesticides.

Lisa R. Burchi, Lisa M. Campbell, Leslie S. MacDougall, and Lynn L. Bergeson, co-authors, "Data Citation and Compensation: How REACH Compares With the FIFRA Scheme," BNA Daily Environment Report, June 1, 2011.

The European Union's REACH regulation is a complex chemical management regulation intended to replace approximately 40 previously existing legal instruments with a single EU regulatory scheme for all chemical substances (both new and existing substances). It also creates a data compensation scheme for entities that must rely upon studies another entity generated to complete their registration for a particular chemical substance. This article provides background on REACH registration, data compensation and sharing procedures, and compares REACH's data compensation principles with how similar issues are addressed in the context of FIFRA data compensation arbitrations.

Lynn L. Bergeson, "Nanosilver Pesticide Products: What Does the Future Hold?," Environmental Quality Management, Summer 2010.

Last issue’s installment of the “Washington Watch” column discussed some key issues surrounding nanosilver and noted an ongoing review by the U.S. Environmental Protection Agency (US EPA) Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Scientific Advisory Panel (SAP). Now that the SAP has issued its much-anticipated report and recommendations, it is worth revisiting the topic of nanosilver pesticides.

Lynn L. Bergeson, "FIFRA SAP Convenes First Nano Review," NanoBusiness Alliance Newsletter, Issue 13, January 18, 2010.

On November 3-5, 2009, the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Scientific Advisory Panel (SAP) met to consider for the first time scientific issues related to the assessment of potential hazard and exposure associated with nanosilver and other nanometal pesticide products. This column briefly summarizes the discussion, and speculates on the outcome.

Lynn L. Bergeson, "FIFRA Scientific Advisory Panel Considers Nanosilver," Environmental Law Reporter, December 2009.

On November 3-5, 2009, the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Scientific Advisory Panel (SAP) met “to consider and review a set of scientific issues related to the assessment of hazard and exposure associated with nanosilver and other nanometal pesticide products.” The decision to convene an SAP was nominally motivated by the U.S. Environmental Protection Agency’s (EPA’s) need to consider four applications pending at the Office of Pesticide Programs (OPP) seeking registration of products containing nanosilver-based active ingredients.

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