News & Events

The September 19, 2014, Bloomberg BNA Daily Environment Report featured comments by Lynn L. Bergeson regarding the collapse of the Toxic Substances Control Act (TSCA) reform talks, specifically efforts to revise the Chemical Safety Improvement Act (S. 1009). Bergeson “told Bloomberg BNA the collapse of the bipartisan Senate discussions on TSCA reform was disappointing but not surprising. ‘Stakeholders can be encouraged by the late rally in the legislative cycle, and perhaps by whatever...

Wednesday, October 1, 20141:00 p.m. - 2:30 p.m. (EDT) This webinar has occurred.  For copies of presentation materials contact chad.howlin@lawbc.com.  Speakers include well-recognized experts on these complex issues: Jeff Dawson, Senior Scientist, Chemist at the U.S. Environmental Protection Agency's (EPA) Health Effects Division and Bergeson & Campbell, P.C.'s (B&C®) Senior Scientist Susan H. Youngren, Ph.D., and Senior Government Consultant James V....

October 28 - 30, 2014, Chicago, Illinois Bergeson & Campbell, P.C. (B&C®) is proud to once again be a sponsor of and program advisor to ChemCon, the premier global chemical control conference offering the most authoritative speakers, most in-depth sessions, and broadest global perspective on existing and emerging chemical regulatory schemes. Highlights from the diverse and substantive program planned for Chicago include: Registration, Evaluation, Authorization and Restriction of...

Chemical Watch quoted Lynn L. Bergeson in response to Senator Boxer’s (D-CA) Toxic Substances Control Act (TSCA) counterproposal to the Chemical Security Improvement Act (CISA) sponsored by Senator David Vitter (R-LA). Bergeson said of the issue “I do not give Senator Boxer’s bill, or any other TSCA reform measure much hope given the lateness of the session, the lack of alignment on key measures in the bill, and the polarisation on matters generally in Congress. Whether the bill provides...

James V. Aidala was quoted in Bloomberg BNA Daily Environment Report speaking on the chlorpyrifos lawsuit. “This filing is probably a small piece of the environmental groups' much larger overall strategy, [said] Jim Aidala, a former EPA pesticide official in the Clinton administration and now a senior consultant at the law firm previous hitBergesonnext hit and Campbell. The agency has technically not yet missed its December deadline, he told Bloomberg BNA, so it is unclear what...

Bloomberg BNA Daily Environment Report featured comments by Lynn L. Bergeson regarding the Environmental Protection Agency’s (EPA) recent conditional registration of HeiQ’s nanosilver pesticide to be used on textiles. In the article, Bergeson is quoted as saying “the relevance of HeiQ is not just that the EPA approved a single application under the terms of FIFRA. It also telegraphs that EPA is open for business for the purposes of reviewing applications. That’s a big deal.” The...

Bergeson & Campbell, P.C. (B&C®) is proud to once again be sponsoring an SRA Nano Workshop in conjunction with the Emerging Nanoscale Materials Specialty Group of the Society for Risk Analysis. Nano Risk Analysis (II) will be held September 15-16, 2014, at George Washington University in Washington, D.C., and it is not too late to join in: walk-up registrations are welcome. B&C's Jane S. Vergnes, Ph.D., DABT®, Senior Toxicologist, and J....

Stay Compliant and Competitive Under the Newer, Greener Chemical Control Paradigms The dramatic shift in law and policy away from the regulation of end-of-pipe discharges of chemicals into the environment toward a more proactive focus on greener ingredient selection and manufacturing processes to prevent pollution at the source continues unabated, with over two dozen states having considered and/or passed new legislation in 2014. Bergeson & Campbell, P.C. (B&C®) is deeply engaged in...

SAVE THE DATE Wednesday, October 1, 20141:00 p.m. - 2:30 p.m. (EDT) Within the last year, the U.S. Environmental Protection Agency (EPA) has begun issuing guidance documents -- and at least one registration review decision -- that reflect developing EPA policy on spray drift and volatilization issues. How EPA endeavors both to identify and to manage the potential for spray drift and volatilization are likely to be key elements of ongoing and future risk assessments, with significant potential...

Bergeson & Campbell, P.C., (B&C®) is pleased to announce that Managing Partner Lynn L. Bergeson and the late Michael F. Cole prepared a chapter in a new book, Biointeractions of Nanomaterials, which covers a wide range of issues associated with the safety of nanomaterials in biological systems. The book, published on July 29, 2014, by CRC Press, addresses issues related to the toxicity and safety of nanomaterials and nanosystems, and covers a range of interactions in biological...

Lynn L. Bergeson, Managing Partner of Bergeson & Campbell, P.C. (B&C®) and Meglena Mihova, Managing Partner of EPPA SA, have published an article in the Summer 2014 issue of Natural Resources & Environment, the magazine of the American Bar Association (ABA) Section of Environment, Energy, and Resources (SEER), entitled: "Nanomaterials and Public Disclosure: Are European Nano Product Registries the Answer?" In the article, Ms. Bergeson and Ms. Mihova propose that:...

“Industry law firm Bergeson & Campbell in an Aug. 18 commentary says that Spero's decision is of ‘particular significance for two reasons. First, it clearly follows prior decisions under which the vast majority of all claims concerning the failure of EPA to consult with [the U.S. Fish & Wildlife Service (FWS)] under ESA Section 7(a)(2) concerning pesticide registrations will now be time barred. Second, it addresses for the first time difficult jurisdictional issues concerning which...

Thursday, August 21, 2014,8:00 a.m. (PDT) -- 11:00 a.m. (EDT) -- 4:00 p.m. (BST) Compliance & Risks will present a complimentary webinar this Thursday to inform and educate participants about the latest developments in the regulation of nanotechnology and nanomaterials. There is no charge for the webinar, though online registration is required. Lynn L. Bergeson, Managing Partner of Bergeson & Campbell, P.C. (B&C®), and an internationally renowned expert on issues of governance,...

On June 18, 2014, the U.S. Environmental Protection Agency (EPA) proposed the most historic rule in its history: the Clean Power Plan. The proposal would, for the first time, impose regulatory limits on carbon pollution from existing power plants and is likely to have significant impacts throughout the economy. Pollution Engineering, a magazine, website, and news and information service for senior executives and engineers involved in their company's pollution control, convened a panel of experts...

Lynn L. Bergeson has been named one of the ten "Most Highly Regarded Individuals" in the world in the field of environmental law by Who's Who Legal in its 2014 compendium. This is the third year Ms. Bergeson has been named in the top ten list of individuals recognized as the most highly regarded by clients and peers, and the tenth year she has been listed in the publication overall. In addition to listing Ms. Bergeson among the top ten, Who's Who Legal 2014 offers this...

B&C’s Sheryl L. Dolan and Lisa R. Burchi were featured in a Bloomberg BNA Daily Environment Report story “Clear Supply Chain Roles, Responsibilities Help Avoid FIFRA Violations, Attorneys Say,” which is available in its entirety online, and is excerpted below. Copies of the webinar presentation slides, “EPA's Supplemental Distribution: Enforcement Actions Are Buzzing: How to Avoid Getting Stung,” are available by...

In “TSCA Reform: Dead for Now,” Lynn L. Bergeson’s July 18th post on the American College of Environmental Lawyers blog, Ms. Bergeson shared the following thoughts: “Despite high hopes earlier this year for the promise of a legislative make-over, Toxic Substances Control Act (TSCA) reform measures are dead, certainly for the remainder of this Congressional session and possibly the next. In the category of all things happen for a reason, maybe there is a silver lining to this...

Wednesday, July 23, 20141:00 p.m. - 2:00 p.m. (EDT) The U.S. Environmental Protection Agency (EPA) has made good on its intent to focus enforcement efforts on Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) supplemental distribution, resulting in several settlements with significant penalty assessments. Bergeson & Campbell, P.C. (B&C®) recently issued a memorandum discussing the enforcement actions, the regulatory requirements for supplemental distribution, and what...

Co-hosted by the Biobased and Renewable Products Advocacy Group (BRAG™), the U.S. Environmental Protection Agency (EPA), and George Washington University (GWU) August 5-7, 2014, at the GWU Campus in Washington, D.C. ABOUT THE WORKSHOP: During this hands-on three-day workshop, you will learn about a variety of tools, methods, and models that can be used to assess the hazard and potential exposure of chemicals. Methods addressed will include hazard and risk screening for human health,...

Bloomberg BNA Daily Environment Report reported on Lynn L. Bergeson’s comments regarding final nanotechnology guidances released by the Food and Drug Administration. “The guidances reaffirm the FDA’s position that it has sufficient statutory authorities and policies to oversee the safety of products it regulates, Bergeson said. She expanded on that perspective in a memo her law firm issued. The FDA also restated its view that nanotechnology isn’t inherently safe or harmful, but that...

Far from slowing down as the dog days of summer approach, BRAG and its growing membership have been highly visible and actively working to smooth the regulatory path for, and advance the commercialization of, biobased chemicals. And the pace is only going to pick-up as the temperature rises. BRAG is: Shaping Biobased Policy BRAG is engaged with U.S. Environmental Protection Agency (EPA) staff concerning BRAG's petition for reduced reporting requirements for certain biobased chemical substances...

Co-Editor-in-Chief Larry P. Walker, Ph.D., announced that Lynn L. Bergeson, Managing Partner of Bergeson & Campbell, P.C. (B&C®) and President of B&C Consortia Management, L.L.C. (BCCM), has been appointed to the editorial board of Industrial Biotechnology, the journal of biobased innovation driving the global bioeconomy published bimonthly by Mary Ann Liebert, Inc. Publishers. In making the announcement, Dr. Walker commented that "Ms. Bergeson's membership on the...

Bloomberg BNA Daily Environment Report quoted Lynn L. Bergeson and B&C affiliate Charles Auer in a Special Report on TSCA Reform published today. “Charles Auer, a consultant who led TSCA implementation throughout most of his 32-year career at the EPA, agreed it will be challenging to resolve the many valid questions that would arise on user fees. It would be unwise, however, to continue to ignore the question of funding in TSCA reform discussions, he said. ‘It’s always been...

“While the Democrats' changes seek to address many concerns Jones and environmentalists have raised, the redline avoids addressing the issue of whether and to what extent a new federal chemicals management law should preempt state regulation of industrial chemicals. The issue has become particularly fraught in the Senate, where Environment and Public Works Committee Chairman Barbara Boxer (D-CA) has made protection of California's extensive chemical regulations in the Senate bill a...

On Thursday, May 29, 2014, Biofuels Digest published an article by Biobased and Renewable Products Advocacy Group (BRAG™) Executive Director Kathleen Roberts titled “How to Make Friends and Win EPA Approvals: tips for biobased chemicals.” A copy of the article is available online. The article highlights the B&C© affiliate BRAG™ and the session it co-presented with B&C during the Biotechnology Industry Organization’s World Congress on...

An article in the May 30, 2014 edition of Inside EPA, “Legal Limit May Drive Novel Voluntary Plan In EPA’s TSCA Fracking Rule,” featured commentary by B&C on EPA’s advance notice of proposed rulemaking (ANPR) to seek comment on the information that should be reported or disclosed for hydraulic fracturing chemical substances and mixtures and the mechanism for obtaining this information. “In a May 20 analysis of the ANPR, the law firm Bergeson & Campbell also flags...

“In a May 20 analysis of the ANPR, the law firm Bergeson & Campbell also flags the ‘processors’ issue, saying the notice raises a host questions relating to ‘significant and difficult legal, procedural and policy issues. Noting that the ANPR includes service companies in its discussion of the companies that may be subject to Section 8 reporting, which ordinarily would not apply to ‘users,’ the analysis says, that though such service providers may ‘process’ the chemical while...

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Kathleen M. Roberts was quoted in an article in Bloomberg BNA Daily Environment Report titled “EPA, Industry Far Apart on Agency Stance on Listing Mandate for Chemical Fractions.” “Kathleen Roberts, a vice presidentwith Bergeson & Campbell Consortia Management (BCCM), said the biobased and petroleum-based chemical manufacturers she works with through the Alliance for Chemical Nomenclature she manages would like to avoid a fight. Companies are genuinely confused when it comes to...

Bergeson & Campbell, P.C. (B&C®) and The Acta Group (Acta) are pleased to announce the addition of Brian Xu, Ph.D., to our firms. Dr. Xu, a board-certified toxicologist and medical doctor, will assist clients in developing and managing international projects involving U.S. Food and Drug Administration (FDA) and U.S. Environmental Protection Agency (EPA) regulated consumer products, pharmaceuticals, cosmetics, industrial and specialty chemicals, agrochemicals, and antimicrobials. Dr. Xu...

Wednesday, April 30, 2014, from 1:00 p.m. - 2:30 p.m. The European Union (EU) Biocidal Products Regulation (BPR) dramatically changes the way biocidal active substances and products, as well as many products not traditionally considered biocidal products, are regulated under European law. Practical aspects of this new regulatory system are subtly different from those in other jurisdictions, EU neighboring countries, and the U.S. Companies exporting to the EU as a component of their global...

The American Bar Association's (ABA) Section on Environment, Energy, and Resources (SEER) has issued five white papers designed to assist stakeholders in the ongoing debate to reform the Toxic Substances Control Act (TSCA). The papers are on the following TSCA-related topics: Overview of TSCA Trade Secret and Confidential Business Information Briefing Paper Preemption of Private Rights of Action Under TSCA and TSCA Legislation Briefing Paper Standard for Taking Regulatory Action Under TSCA...

The Acta Group, L.L.C. (Acta), a regulatory consulting firm with offices in the U.S., UK, and China, and Sustainable Health, Environment, and Safety Chemical Consulting (SHES) of South Korea announced today the formation of a new strategic alliance. By joining Acta's exceptional capabilities in China, Europe, and the Americas with SHES' broad experience in South Korea, Taiwan, Japan, and South Asia, the Acta-SHES alliance offers clients expanded, seamless access to a comprehensive...

The 4th Safer Consumer Products Summit, the only national conference of its kind, will provide the most up-to-date information available on California's implementation of the Safer Consumer Products Regulations (SCPR), the most expansive Green Chemistry law in the world, drill down on the rapidly evolving state and international consumer safety regulatory landscape, and discuss the latest developments in legislative efforts to reform the Toxic Substances Control Act. Jim Jones, the U.S....

Kathleen M. Roberts was quoted in an article in Bloomberg BNA Daily Environment Report titled “Manufacturers Urge EPA to Apply TSCA Consistently in Final Rules for Six Mixtures.” “Chemical manufacturers are urging the Environmental Protection Agency to apply Toxic Substances Control Act policies consistently to both biobased and petroleum-based chemical mixtures as it finalizes a proposed rule that would restrict uses of six chemicals designed for renewable fuels. ‘The...

Lynn L. Bergeson was quoted in a Bloomberg BNA Daily Environment Report article, “Draft List of Products Will Test California’s Safer Consumer Products Program, Markets.“   “Draft Could Trigger Litigation. The draft list could trigger litigation challenging the regulations, the listed products or even DTSC’s implementation of the program rules, Washington D.C.-based attorney Lynn Bergeson of Bergeson & Campbell told Bloomberg BNA March 10. Businesses involved in marketing...

Lynn L. Bergeson was quoted in a Chemical Watch article regarding the priority products listed in March under California’s Safer Consumer Products Regulations (SCPR): “Spray polyurethane foam products containing unreacted diisocyanates are different in an important aspect. Spray foams are primarily used in the construction industry by smaller and mid-sized companies represented by a wide range of small trade associations, said Lynn Bergeson of Bergeson & Campbell, a law firm...

James V. Aidala, Senior Government Consultant at Bergeson & Campbell, P.C. (B&C®), delivered the keynote address at the Spring Board Meeting of the Association of American Pesticide Control Officials held in Arlington, Virginia, on March 10, 2014. His presentation gave background, analysis, and commentary on the most newsworthy issues in pesticide regulatory policy today, including possible impact on pollinators, spray drift, and bystander risk; the difficulty of communicating science...

Lynn L. Bergeson was quoted in a Bloomberg BNA Daily Environment Report special report, “Elk River Provides Tangible Illustration of Deficiencies in Public Data on Chemicals:” “Lynn Bergeson, managing partner of Bergeson & Campbell, P.C., said that despite the many problems West Virginia’s ‘entirely preventable tragic spill’ has spotlighted, it is unlikely to hasten TSCA reform. ‘There are dozens of compelling reasons to reform TSCA, any one of them sufficient to prompt...

The Acta Group's (Acta) Andrew R. Bourne and Bergeson & Campbell, P.C.'s (B&C®) Lisa R. Burchi and Lara A. Hall, M.S., RQAP-GLP, have published an article entitled "EU Biocidal Products Regulation and Its Impact on Industry: A Practical Briefing" in the February 27, 2014, issue of Bloomberg BNA's Daily Environment Reporter. The article was written to help industry, especially those companies exporting to the EU, understand the differences between BPR and regulation in other...

James V. Aidala was quoted in an Agrow Daily News Alert story titled “US EPA Rolls Out Farmworker Protection Plan” covering EPA’s has proposed changes to regulations intended to protect the nation's more than 2 million farmworkers and their families from pesticide exposures. “A former EPA pesticide official says that he expects agricultural groups to balk at the record keeping requirements and believes that they will echo CLA's concern about the Agency's justification for the revamped...

Bergeson & Campbell, P.C. (B&C®) and The Acta Group (Acta) are pleased to announce the addition of Karin F. Baron to our firms. Ms. Baron is an expert regulatory consultant with more than 15 years of experience in developing, implementing, and managing complex chemical regulatory compliance matters for some of the largest industrial and specialty chemical companies in the world, including International Specialty Products, Ciba Specialty Chemicals, and most recently 3E. Her primary areas...

On February 7, 2014, the U.S. Government Accountability Office (GAO) released a report entitled Nanomanufacturing: Emergence and Implications for U.S. Competitiveness, the Environment, and Human Health, which provides highlights from a Congressionally-requested forum on specific issues in nanotechnology manufacturing that was held July 23-24, 2013. The House Committee on Science, Space, and Technology asked the GAO and the National Academies to convene the forum and elicit the views of a...

Bergeson & Campbell, P.C. was quoted in an Inside EPA article regarding EPA's recently released draft pesticide spray drift policy: “Released last February, the draft assessment said buffer zones ranging from 0 to greater than 4,000 feet could be necessary to reduce children's and other bystanders' exposure. The calculations are based on field size, crop-dependent application rates, and a risk-based 'concentration of concern' the agency sets using the health endpoint of concern. At the...

The 5th Annual Bio-Based and Renewable Chemicals Summit is underway and throughout the proceedings attendees have heard one message loud and clear: renewables are here, they are growing, and the time for addressing the critical path to commercialization is now. Kathleen M. Roberts, Executive Director of the Biobased and Renewable Products Advocacy Group (BRAG™), served as Summit Chair. She moderated a spirited session featuring Benjamin M. Borns, Technical Expert in Application of Bio-Based...

A February 4, 2015 story, “More Final Risk Assessments Planned Despite Reduced FY16 EPA Budget Request,” in Bloomberg BNA Daily Environment Report on the Congressional Justification released by the Environmental Protection Agency (EPA) on February 2, 2015 addressing the EPA FY2016 budget, reported that EPA intends to publish more chemical risk assessments in fiscal year 2016 than it anticipates issuing in fiscal 2015, that the agency says it can achieve its goal despite a cut...

Bergeson & Campbell, P.C. (B&C®) is pleased to announce the launch of the Pesticide Law and Policy Blog to report on federal, state, and international regulatory, legal, and policy developments involving conventional pesticides, biopesticides, antimicrobials, and other pesticide products. The blog is available at pesticideblog.lawbc.com; users may sign up to receive e-mails of new posts to the blog at pesticideblog.lawbc.com/rss. The Pesticide Law and Policy Blog...

Lynn L. Bergeson was quoted in a Chemical Watch article on the chemical spill near Charleston, West Virginia: “The spill ‘provides a textbook example of what's wrong with [TSCA],’ says Lynn Bergeson of the law firm Bergeson and Campbell. ‘The paucity of information is the sticking point,’ she says, adding that public officials need access to more data than is currently available.”

Chemical lawyer and Toxic Substances Control Act (TSCA) expert Lynn L. Bergeson was featured Monday, January 13, 2014, on the National Public Radio (NPR) program "All Things Considered." In a story on the mysteries that persist around a chemical spill in the Elk River near Charleston, West Virginia, NPR reporter Elizabeth Shogren interviewed Ms. Bergeson, whose comments were included in the national radio broadcast and NPR's web version of the story: "'These incidents are very painful for the...

Lynn L. Bergeson was quoted in a BNA Daily Environment Report article on the outlook for 2014 regarding toxic substances: “Lynn Bergeson, managing partner of Bergeson & Campbell, P.C., said that while S. 1009 has some momentum, it also faces significant hurdles, including finding ways to address the most substantive challenges of state preemption, confidential business information claims and the safety standard that the EPA would use to evaluate all chemicals in commerce under a revised...