December 3, 2009

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...
October 1, 2009

Lynn L. Bergeson, “EPA Launches Online Discussion,” Chemical Processing, October 2009.

Ever read a U.S. Environmental Protection Agency (EPA) press release and say to yourself or others, “Gee, why is EPA pursuing that matter – there are a lot of other more important enforcement priorities?” Well, now is your chance to help shape EPA’s 2011- 2013 fiscal years enforcement priorities. EPA launched an online discussion forum on August 31 to receive input on future priorities for EPA’s National Enforcement Program....
September 1, 2009

Lynn L. Bergeson, “Green Nanotechnology: Straddling Promise and Uncertainty,” Natural Resources & Environment, Fall, 2009.

This article describes green nanotechnology and discusses the reasons why traditional chemicals-assessment and management approaches may not be adequate in all cases in the near term when applied to nanomaterials. It outlines the reasons why green nanotechnology may serve as an alternative approach to chemicals assessment when applied to nanomaterials and suggests some measures to advance the goals of green nanotechnology....
September 1, 2009

Lynn L. Bergeson, “Conquering Heroic Challenges: A Look at Hot Legal and Regulatory Issues You Need to Know,” NACD Chemical Distributor, September, 2009.

If the National Association of Chemical Distributors (NACD) had to select a song today that best reflects a typical member’s profile, it would have to be “It’s Not Easy To Be Me”. Challenged commercially by the credit crunch, escalating energy, labor, and raw material costs, squeezed by market pressures spawned by a badly damaged economy, and reeling from legal and regulatory challenges that are mushrooming exponentially, NACD members really do need red capes emblazoned with...
September 1, 2009

Lynn L. Bergeson, “Washington: Marketing Green,” Manufacturing Today, September 2009.

The growth in green marketing is getting a lot of attention these days, especially from the Federal Trade Commission (FTC), the federal agency tasked with preventing unfair and deceptive trade practices. Mindful of potential false and misleading advertising, FTC has been revising its Guides for the Use of Environmental Marketing Claims, known as the “Green Guides.”...
July 1, 2009

Lynn L. Bergeson, “New on the Horizon: Nanotechnology,” The John Liner Review, Summer 2009.

Managing any business is tough. Managing a nanotechnology (nanotech) business is tougher than most. This article briefly discusses this new and rapidly expanding field of applied science, outlines key risk management issues that companies engaged in the manufacture of nanoscale materials and nanotechnology-enabled products confront, and reviews existing and proposed governance and risk management mechanisms intended to address potential nanotechnology risks....
July 1, 2009

Lynn L. Bergeson, “Safety Comes First for Nanotechnology,” Chemical Processing, July 2009.

Earlier this year, the International Council on Nanotechnology (ICON), Houston, launched the GoodNanoGuide, which is available online. To cater to all audiences, the guide provides basic, intermediate and advanced options to choose from to contribute to or search within the online forum. This innovative approach sets a new standard for creative, interactive, Internet-based product stewardship tools. This column explains why you may want to take a look at the GoodNanoGuide and consider the...
July 1, 2009

Lynn L. Bergeson, “2009 and Beyond: Outlook for Environmental Issues,” Environmental Quality Management, Summer 2009.

With a new Congress in town and a new administration in charge of the U.S. Environmental Protection Agency (US EPA), 2009 promises to be an exciting and eventful year. This “Washington Watch” column provides a summary outlook on possible directional trends and developments in the regulation of key environmental issues over the coming months and years....
June 29, 2009

Lynn L. Bergeson, Lisa M. Campbell, and Lisa R. Burchi, “Endocrine Disruptor Screening Program: Data Sharing, Compensation, Protection,” BNA Daily Environment Report, June 29, 2009.

The U.S. Environmental Protection Agency (EPA) issued three important Federal Register notices April 15, 2009, laying the foundation for the Endocrine Disruptor Screening Program (EDSP), EPA’s next major data development initiative. This article focuses on those aspects of EPA’sFederal Register notices concerning how EPA will address joint data development, cost sharing, data compensation, and data protection under the EDSP (EDSP Policy Notice)...
June 18, 2009

Lynn L. Bergeson, “EPA Working on Test Rule for Multi-Wall Carbon Nanotubes/TSCA Section 8(a) Rule for Several Nanoscale Substances,” NanoBusiness Alliance Newsletter, Issue 8, June 18, 2009.

As you may know, twice each year the U.S. Environmental Protection Agency (EPA) publishes a detailed listing of all matters on which it is working. The document is referred to as the Semiannual Regulatory Agenda, and is published each spring and fall. The most recent spring issue was published on May 11, 2009....
June 1, 2009

Lynn L. Bergeson, “Anti-Terrorism Mandates Face Major Revision: Prospective legislation may put more emphasis on inherent safety,” Chemical Processing, June 2009.

Congress is currently focusing on a key piece of legislation to reauthorize the Chemical Facility Anti-Terrorism Standards (CFATS), set to expire on October 4. This may lead to measures that are more far reaching and have a more significant impact upon the chemical industry....
June 1, 2009

Lynn L. Bergeson, “EPA Updates IRIS Process, Again,” ABA Pesticides, Chemical Regulation, and Right-to-Know Committee Newsletter, Vol. 10, No. 4, June 2009.

The U.S. Environmental Protection Agency (EPA) announced on May 21, 2009, that it has reformed the Integrated Risk Information System (IRIS), again. According to EPA, the revisions are intended to “revitalize the program and ensure its scientific quality, integrity, transparency and timeliness.” In a May 21, 2009, memorandum, Administrator Jackson states that recent changes, including procedures formalized in an April 21, 2008, memorandum, “have reduced the transparency, timeliness, and...
April 21, 2009

Lynn L. Bergeson, “What’s New in Nanotechnology Regulations,” Manufacturing Today, Spring 2009.

Over the last several months, there have been a number of significant nano regulatory developments. The U.S. Environmental Protection Agency (EPA) released on Jan. 12, 2009, its interim report on the Nanoscale Materials Stewardship Program (NMSP). On Jan. 22, 2009, the California Department of Toxic Substances Control (CDTSC) issued a data call-in for certain nanoscale substances....
January 1, 2009

Lynn L. Bergeson, “Chemical Regulation: Preparing to Address the Challenges Ahead,” Environmental Law Reporter, January 2009.

The environment has enjoyed unprecedented attention as a presidential campaign issue. While climate change, energy, and resource issues dominate, chemical regulation reform is plainly a topic gathering steam. As we approach a new year, a new Administration, and a new Congress, there is much to consider. Issues pertinent to chemical management are complicated, the rhetoric is strident, and areas on which stakeholders agree appear to be few and far between. This Article offers a few...
January 1, 2009

Lynn L. Bergeson, “Legislators Set Agenda for Change,” Chemical Processing, January 2009.

Regulations are expected to target the chemical industry in 2009. The new Administration and Congress promise an eventful new year — It may result in significant changes in direction for regulation of chemicals by the U.S. Environmental Protection Agency (EPA). Here’s a look at possible trends....
September 22, 2008

Lynn L. Bergeson and Michael F. Cole, “Food and Drug Administration’s Regulation of Nanotechnology,” Daily Environment Report, Sep. 22, 2008.

The Food and Drug Administration is considering further implementation of the recommendations made by its Nanotechnology Task Force in July 2007. The authors of this article note that nanotechnology will be a fact of life for FDA-regulated products for years to come. They say nanotechnology is an important issue, but only one among many that FDA must address, and FDA’s limited resources must be allocated sensibly. The authors suggest FDA build on existing databases and...
July 22, 2008

Lynn L. Bergeson, “FDA’s Regulation of Nanotechnology: Will the New Draft Guidance Help Industry?,” Nanotechnology Law & Business, Volume 8, Issue 3.

The U.S. Food and Drug Administration’s (FDA) approach to nanotechnology is the subject of intense interest for at least three reasons. First, many promising and visible applications of nano-technology include cosmetics, sunscreens, pharmaceuticals, dietary supplements, and medical devices. These products are subject to FDA jurisdiction under the Federal Food, Drug, and Cosmetic Act (FFDCA). Second, FDA faces unique challenges in regulating products of nanotechnology be-cause of the...
July 1, 2008

Lynn L. Bergeson, “EPA Seeks Big Help with Nanomaterials Data,” Chemical Processing, October 2008.

The nominal deadline to submit basic information on nanoscale materials under the Nanoscale Materials Stewardship Program (NMSP) of the U.S. Environmental Protection Agency (EPA) was July 28. While the deadline has passed, EPA is encouraging entities to submit information on an ongoing basis. The program objectives and how EPA will use the information to assess additional regulatory steps applicable to nanoscale materials deserve some attention....
April 1, 2008

Lynn L. Bergeson, “The New Business of Nanotechnology: Exploring Commercial Opportunities and Risks,” Environmental Claims Journal, April 2008.

There is an Alice-in-Wonderland awe associated with nanotechnology. While the technology is both exciting and hopeful for many good reasons, for businesses, and the lawyers who counsel them, the lack of certainty in areas involving potential risk is unsettling. The U.S. Environmental Protection Agency (EPA) is only now beginning to think through how best to apply the authority it has under the traditional environmental statutes, and to adopt regulatory programs and policies to address the...
December 21, 2007

Lynn L. Bergeson, “Good Governance: Evolution of the Nanoscale Materials Stewardship Program,” Nanotechnology Law & Business, Winter 2007.

Governance issues are seldom the subject of wide consensus, and the question of how best the U.S. Environmental Protection Agency (EPA) should obtain needed information and data on the human health and environmental implications of nanoscale materials is no exception. EPA has considered the issue carefully and believes, with good reason, that a voluntary approach makes the most sense at this time. Not everyone agrees, however, and some urge EPA to exercise its statutory authority...