Category: Electronics, RoHS

July 13, 2021

Lynn L. Bergeson, “Avoiding costly supply chain disruption: a cautionary tale,” Financier Worldwide, July 2021.

By any independent standard, the US electronics industry is huge – it was worth over $300bn in 2019 – and growing annually. Would it surprise you to know that as big, essential and powerful as it is, a single rule issued in January of this year by the US Environmental Protection Agency (EPA) nearly brought this sector to a halt? To this day, the rule is causing extraordinary disruption as electric and electronic device manufacturers, importers, processors, distributors and others scramble to...
February 22, 2021

Richard E. Engler, Ph.D. and Jeffery T. Morris, Ph.D., “Why the US EPA can, and should, evaluate the risk-reducing role a new chemical may play if allowed on the market,” Chemical Watch, February 22, 2021.

In the 21st century, we take as given a continuous stream of new and better products. From electronics to building materials to transportation solutions, the flow of new and better products and applications seems unending. New chemical substances play a fundamental role in creating those products and making existing products better. If the pipeline of new chemicals were closed off, the flow of new products and applications would slow to a trickle and eventually dry up. Modern life as we know it...
December 31, 2019

Lynn L. Bergeson and Richard E. Engler, Ph.D., “Chemical Innovation and New TSCA: The Good, the Bad, and the Evolving,” International Chemical Regulatory and Law Review, Volume 2, Issue 4, Winter 2019.

New chemical innovation is not as celebrated as innovation in electronics, materials, software, or other sectors, but it is every bit as important. Many believe, as do we, that new chemical innovation is essential to achieving sustainable development. For this reason, a close look at the 2016 amendments to the Toxic Substances Control Act (TSCA) and the U.S. Environmental Protection Agency’s (EPA) implementation of them offers valuable insights into whether the new U.S. industrial chemical...
June 1, 2013

Lynn L. Bergeson, “Hope Is Restored In Finally Modernizing TSCA,” Law360, June 2013.

In a rare bipartisan expression of support for reform of the Toxic Substances Control Act (TSCA), Sen. David Vitter, R-La., and the late Frank Lautenberg, D-N.J., introduced on May 22, 2013, the Chemical Safety Improvement Act (CSIA), S. 1009. The bill offers a new and potentially politically viable framework for TSCA reform and renewed hope that badly needed modernization of this ancient law may occur. Lawyers and others in this space need to be keenly aware of these legislative efforts as TSCA...
September 25, 2012

Lynn L. Bergeson, “Source of Minerals Gets New Scrutiny,” Chemical Processing, September 25, 2012.

On August 22, 2012, the Securities and Exchange Commission (SEC) adopted a final rule implementing Section 1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act. This important and sweeping rule is effective for products manufactured in 2013, and the first annual reports are due May 31, 2014, and on May 31 every year thereafter. It obligates companies using minerals that might have come from conflict zones to disclose their use. Because such minerals are utilized in catalysts or...
April 4, 2011

Lynn L. Bergeson, “RoHS Recast: How Did Nanomaterials Fare?,” Nanotechnology Law & Business, Volume 7, Issue 4.

Several types of nanoscale materials recently dodged a bullet as the European Parliament declined to ban nanosilver and long multi-walled carbon nanotubes in the European Union’s Directive on the Restriction and Use of Certain Hazardous Substances in Electrical and Electronic Equipment, (more commonly known as “RoHS”). For reasons not entirely clear, detractors of these nanoscale materials tried, and failed, to ban them outright in the RoHS Recast initiative. For nano stakeholders, while...