February 4, 2011

Bergeson & Campbell, P.C., “South Korea Chemicals Program Targets Nanomaterials,” Nanotechnology Industries Association Newsletter, February 4, 2011.

The United Nations’ Strategic Approach to International Chemicals Management (SAICM) urges each nation to make efforts to reduce hazards associated with the use of chemicals. In response to this request, South Korea recently has taken steps to implement a process for the management of chemicals with the objective of minimizing the harmful effects that substances have on human health and the environment....
February 4, 2011

James V. Aidala, “Make My Day! – Registrant Gets Court To Order EPA To Cancel Their Product,” Pesticide and Chemical Policy, February 4, 2011.

Reckitt Benckiser is a manufacturer of a variety of household cleaning and pesticide products, including rodenticides, sold widely under the D-Con brand. In recent years Reckitt Benckiser has formulated rodenticide products using what is known as a “second-generation” anti-coagulant, brodifacoum. The term second-generation refers to the lack of resistance in rodents, which has developed in some cases to earlier, “first-generation” anti-coagulant products, such as warfarin....
January 31, 2011

Lynn L. Bergeson, “Emerging Nanomaterial Governance Systems: The State of Play,” Molecular Imaging, January-February 2011.

Domestic laws, their implementing regulations and policies, and government and private-party governance programs are now being carefully reviewed and revised to enhance their utility to manage the potential risks posed by nanoscale materials. Whether existing laws and their implementing programs are adequate to address such risks will continue to inspire debate and legislative and regulatory initiatives for years to come. This article reviews existing legal and governance oversight systems and...
January 21, 2011

Bergeson & Campbell, P.C., “Nano Regulation and the New US Congress,” Nanotechnology Industries Association Newsletter, January 21, 2011.

The U.S. Environmental Protection Agency’s (EPA) Office of Pollution Prevention and Toxic Substances (OPPT) and Office of Pesticide Programs (OPP) were both active with regard to nanoscale materials regulation and policy in 2010. The new year is expected to see comparable activity....
January 13, 2011

Lynn L. Bergeson, “SCPA Delays Could Impact Industry,” Chemical Processing, January 2011.

In response to concerns expressed by diverse stakeholders over the final draft of its Safer Consumer Product Alternatives (SCPA) regulations, the California Environmental Protection Agency (CalEPA) has delayed implementation of the regulations, which focus on chemicals and chemical ingredients in consumer products. The net effect of this recent development on the regulation of chemical substances in consumer products in California is uncertain. This column discusses the recent change in plans...
January 13, 2011

Lynn L. Bergeson and Charles M. Auer, “Nano Disclosures: Too Small to Matter or Too Big to Ignore?,” Natural Resources & Environment, Winter 2011.

Determining whether the presence of nanoscale materials in chemical substances, mixtures, and articles triggers a disclosure obligation is complicated. The decision turns on a calculus that includes what law applies, what is known about the presence of nanoscale components, what knowledge standard applies, whether and how a nanoscale material is defined, and an entity’s interpretation of disclosure obligations. This article outlines the state of domestic environmental and securities law and...
January 12, 2011

Bergeson & Campbell, P.C., “California DTSC Issues DCI for Nano Metals, Nano Metal Oxides, and Quantum Dots,” Nanotechnology Industries Association Newsletter, January 12, 2011.

On December 21, 2010, the California Department of Toxic Substances Control (DTSC) issued a much anticipated data call-in (DCI) for information regarding analytical test methods, and other relevant information, from manufacturers of nano silver, nano zero valent iron, nano titanium dioxide, nano zinc oxide, nano cerium oxide, and quantum dots....