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...
April 1, 2011

Bergeson & Campbell, P.C., “Obama Administration sets forth Principles for Regulation and Oversight of Emerging Technologies,” Nanotechnology Industries Association Newsletter, March 23, 2011.

A March 11, 2011, memorandum from the White House Emerging Technologies Interagency Policy Coordination Committee (ETIPC) sets forth the Obama Administration’s principles for regulation and oversight of emerging technologies, including nanotechnology. One might wonder why a memorandum was thought necessary, and indeed, according to some U.S. trade press reports, the memorandum reportedly was not especially welcome news in some NGO camps. According to these reports, the memorandum reflects...
April 1, 2011

Lynn L. Bergeson and Chris R. Bryant, “EPA Issues Final Rules for Boilers,” Chemical Processing, April 2011.

The U.S. Environmental Protection Agency (EPA) reports that more than 200,000 boilers, process heaters and incinerators will be impacted by a set of Clean Air Act regulations issued on February 21, 2011. Since EPA first proposed the Maximum Achievable Control Technology (MACT) rules in April 2010, several industry sectors have argued the costs of implementing the rules would pose an unreasonable burden on businesses. In response to this criticism, EPA revised the rules in a...
March 12, 2011

Bergeson & Campbell, P.C., “PEN Updates,” Nanotechnology Industries Association Newsletter, March 12, 2011.

On the 10th March 2011, the Project on Emerging Nanotechnologies (PEN) announced that it had updated its nanotech consumer products inventory, and that it continues to grow to include over 1,300 manufacturer-identified, nanotechnology-enabled products that have entered the commercial marketplace around the world. The most recent update to the group’s five-year-old inventory reflects the continuing use of the nanoscale materials in everything from conventional products like sports equipment...
March 12, 2011

Bergeson & Campbell, P.C., “US-EU Workshop Literally Covers the Waterfront,” Nanotechnology Industries Association Newsletter, March 12, 2011.

The National Nanotechnology Initiative (NNI) held a joint workshop in Washington, D.C., entitled ‘US-EU Bridging Nano EHS Research Efforts’ (10th – 11th March 2011). The workshop was intended to continue the robust dialogue between the United States (US) and European Union (EU) on issues of shared concern pertinent to nanotechnology research initiatives....
March 5, 2011

Bergeson & Campbell, P.C., “US National Organic Program Approves Ban on Engineered Nanomaterials from Organic Products,” Nanotechnology Industries Association Newsletter, March 5, 2011.

On December 17, 2010, the US National Organic Program (NOP) voted to accept the recommendation of the US National Organic Standards Board (NOSB) to prohibit engineered nanomaterials from the production, processing, and packaging of certified organic products. The decision was made with little fanfare, but has big implications. ...
March 3, 2011

Bergeson & Campbell, P.C., “Nano Governance: The Current State of Federal, State, and International Regulation,” Nanotechnology Industries Association Newsletter, March 3, 2011.

On May 19, 2011, the American Bar Association (ABA) Section of Environment, Energy, and Resources (SEER) Pesticides, Chemical Regulation, and Right-to-Know Committee will present a half-day webinar program on nano governance. Nanotechnology Industries Association’s intrepid leader, Dr. Steffi Friedrichs, is scheduled to present at this important program....
March 1, 2011

Lynn L. Bergeson, “Selling Green: US FTC Releases Proposed Revisions to the ‘Green Guides’,” Environmental Quality Management, Spring 2011.

After more than three years of discussion, research, review, and debate, the United States Federal Trade Commission (US FTC) released proposed revisions to its Guides for the Use of Environmental Marketing Claims (the “Green Guides”) in late 2010. The Green Guides provide FTC “guidance” on what is and is not appropriate in the ever-fluid area of environmental marketing. They are designed to help product marketers avoid making false and misleading environmental claims that might violate...
March 1, 2011

Lynn L. Bergeson, “OSHA Updates PPE Standards,” Chemical Processing, March 2010.

On February 15, 2011, the Occupational Safety and Health Administration (OSHA) issued a revised directive that provides enforcement guidance on determining whether employers have complied with OSHA’s personal protective equipment (PPE) standards. The Enforcement Guidance for Personal Protective Equipment in General Industry, CPL 02-01-050, is the latest word from OSHA on PPE, and an important document for employers and employees alike....