News & Events

On March 1, 2019, Inside EPA quoted Bergeson & Campbell, P.C.’s (B&C®) Forecast for U.S. Federal and International Chemical Regulatory Policy 2019 regarding ongoing lawsuits that could foreshadow future challenges to the CBI proposal. The law firm Bergeson & Campbell says in its “Forecast 2019” publication that environmentalists’ ongoing lawsuit on EPA’s “Inventory notification rule … may presage a challenge to the CBI review rule.” The...

On February 28, 2019, Bloomberg Environment featured comments by Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), and Richard E. Engler, Ph.D., Director of Chemistry, B&C, in the article “Chemical Law’s Worker Safeguards Ditched by EPA, Advocates Say.” Safety data sheets impose obligations on employers, said Richard E. Engler, director of chemistry for the Bergeson & Campbell PC law firm. The firm manages the TSCA New Chemicals...

On February 22, 2019, Inside EPA featured comments by Christopher R. Bryant, Senior Regulatory Consultant, Bergeson & Campbell, P.C. (B&C®), regarding the U.S. Environmental Protection Agency’s (EPA) recently released pharmaceutical waste rule. A former EPA waste official believes the rule will almost certainly draw litigation. “I would bet my one-eyed, drunken dog on it,” says Chris Bryant, a former agency waste official who is now a senior regulatory consultant...

On February 20, 2019, Inside EPA featured comments by James V. Aidala, Senior Government Affairs Consultant with Bergeson & Campbell, P.C. (B&C®), in the article “New EPA Toxics Chief Seeks To Quell Critics As Agency Implements TSCA.” Jim Aidala, a former EPA toxics chief in the Clinton administration who is now with Bergeson & Campbell, said that Dunn’s confirmation will help the agency navigate its heavy workload in implementing the new law, even as the agency...

On February 15, 2019, Inside EPA featured comments by Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), regarding a suit brought against the Trump EPA’s policy barring any recipient of an EPA grant from serving on one of its many scientific advisory committees McFadden’s ruling is not a total victory for EPA, since the agency had argued for dismissal on standing, ripeness and merits grounds. While McFadden dismissed the suit on the merits,...

On February 5, 2019, Inside EPA quoted Bergeson & Campbell, P.C.’s (B&C®) TSCAblogTM post “Attorneys General Petition EPA to Issue Asbestos Reporting Rule” regarding a state petition for the U.S. Environmental Protection Agency (EPA) to issue an asbestos reporting rule under TSCA Section 8(a). The law firm Bergeson & Campbell writes in a Feb. 1 post on its TSCAblog that the states’ “petition cites EPA’s denial” of the...

On January 31, 2019, Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), and President-Elect of the Product Stewardship Society (PSS) was featured in PSS’s blog post about the closing session of Product Stewardship 2018. The closing session of Product Stewardship 2018 focused on the two forces that often drive the industry: government regulation and customer demand. Product Stewardship Society President-Elect Lynn Bergeson, Managing Partner of Bergeson &...

On January 31, 2019, Inside EPA quoted Bergeson & Campbell, P.C.’s (B&C®) Forecast 2019 regarding proposed changes to the Consumer Data Reporting (CDR) rule. “While these proposed changes may be helpful to the reporting community, it is imperative that EPA move quickly with its proposals so stakeholders are fully educated well before the next reporting cycle in 2020,” the law firm Bergeson & Campbell PC, which represents chemical sector clients says in...

On January 29, 2019, Inside EPA quoted Richard E. Engler, Ph.D., Director of Chemistry, Bergeson & Campbell, P.C. (B&C®), in the article “EPA Faces New Backlog Of Chemical Applications After Shutdown Ends.” A draft framework the agency crafted in 2017 to speed PMN reviews drew widespread criticisms from environmentalists and others, forcing Wheeler to pledge late last year that the agency would reconsider the most recent draft review plan. But the shutdown will bring...

On January 28, 2019, Bloomberg Environment quoted Richard E. Engler, Ph.D., Director of Chemistry, Bergeson & Campbell, P.C. (B&C®), regarding the U.S. Environmental Protection Agency (EPA) resuming work after the government shutdown. Employees in the Environmental Protection Agency’s chemicals office may be able to begin their normal tasks reviewing new and evaluating the risks of existing ones by the end of this week, said Richard Engler, director of chemistry at...

On January 25, 2019, Bloomberg Environment spoke with Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), for the article “New York Pushes Back Cleaning Products’ Disclosure Deadline.” Cleaning product manufacturers and their suppliers are hard put to comply with both New York’s and California’s ingredient disclosure requirements because they are dissimilar, said Lynn Bergeson, managing partner of Bergeson and Campbell PC, a Washington,...

On January 24, 2019, Chemical Watch spoke with Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), for the article “Shutdown-related delays could compromise TSCA statutory deadlines.” Lynn Bergeson, managing partner at Bergeson & Campbell, said that the shutdown is stretching the limits of what the EPA is capable of completing in terms of TSCA implementation. “I am concerned simply because we all live in the real world, and...

On January 18, 2019, Inside EPA spoke with Kathleen M. Roberts, Senior Regulatory Consultant, Bergeson & Campbell, P.C. (B&C®), for the article “EPA’s Fee Rule Takes Effect Without Suit, A First For TSCA Framework.” Kathleen Roberts, a senior regulatory consultant at the law firm Bergeson & Campbell, suggested that the clarity of the statute regarding fees dissuaded critics from challenging EPA’s final rule. “I believe that there were no challenges...

On January 18, 2019, Bloomberg Environment featured comments by James V. Aidala, Senior Government Affairs Consultant with Bergeson & Campbell, P.C. (B&C®), regarding delayed pesticide product approvals. The EPA also processes thousands of applications for so-called “me-too” chemicals—pesticides that are nearly identical to other products already on the market. “EPA is normally able to process those applications pretty quickly,” said Jim Aidala, a government...

On January 18, 2019, Inside EPA extensively quoted Bergeson & Campbell, P.C.’s (B&C®) Forecast 2019 in the article “EPA Shutdown Stymies Looming TSCA Assessment, Rule Deadlines.” Observers are also waiting for EPA to publish its updated TSCA inventory, the list of all existing chemicals, after receiving submissions from industry on which chemicals are deemed active — manufactured, processed or imported within the past decade — or inactive. Its...

On January 16, 2019, Chemical Watch spoke with Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), for the article “Shutdown spells further delays to TSCA new chemicals reviews.” “Until we have information from the agency, we are more or less assuming that [new chemical review processes] are all suspended, Lynn Bergeson, managing partner at Bergeson & Campbell, told Chemical Watch. And the fear for many is that the shutdown will exacerbate...

On January 11, 2019, Bloomberg Environment spoke with Kathleen M. Roberts, Senior Regulatory Consultant, Bergeson & Campbell, P.C. (B&C®), for the article “Chemical Makers’ Data Duties Delayed by Shutdown.” “Assuming the proposed changes are not major, the delay in releasing the proposed [Chemical Data Reporting] rule is an inconvenience rather than a block impeding chemical manufacturers ability to do business,” said Kathleen M. Roberts, a vice president at...

On January 7, 2019, Inside EPA featured comments by James V. Aidala, Senior Government Affairs Consultant with Bergeson & Campbell, P.C. (B&C®), regarding new efforts to reauthorize the U.S. Environmental Protection Agency’s (EPA) Pesticide Registration Improvement Act (PRIA) program. EPA’s authority to collect fees lapsed Dec. 21 when lawmakers failed to approve legislation funding EPA and other agencies, depriving them of a legislative vehicle to which they...

On January 7, 2019, Bloomberg Environment quoted Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®) and Richard E. Engler, Ph.D., Director of Chemistry, B&C, regarding U.S. Environmental Protection Agency (EPA) Acting Administrator Andrew Wheeler’s pledge to make public more information about chemical safety decisions. Richard Engler, director of chemistry at Bergeson & Campbell PC, described Wheeler’s promises as reflecting “EPA’s...

On December 21, 2018, Bloomberg Environment featured comments by Christopher R. Bryant, Senior Regulatory Consultant, Bergeson & Campbell, P.C. (B&C®), regarding the U.S. Environmental Protection Agency’s (EPA) plan to update coal ash disposal requirements. The changes are consistent with the agency’s preference for states to take the lead on setting their own disposal requirements, Christopher Bryant, senior regulatory consultant for Bergeson & Campbell PC in...

On December 20, 2018, Bloomberg Environment spoke with Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), for the article “‘Calamitous’ Harm Possible for EPA Chemical Program in Shutdown.” Shutting the government down could have particularly severe effects on the EPA’s oversight of chemicals in commerce and further delay the entry of new chemicals onto the market, two attorneys specializing in chemical policy told Bloomberg Environment. “If...

On December 19, 2018, Bloomberg Environment spoke with Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), for the article “2019 Outlook: ‘Most Active Year Yet’ Looms on EPA Chemical Rules.” The EPA didn’t reply to a question about how many people are working in its chemicals office but said it was allowed to hire up to 340 in fiscal year 2018, an increase from 311 in the previous year. The agency said it couldn’t comment on...

On November 28, 2018, Inside EPA included information on Lek Kadeli’s U.S. Environmental Protection Agency (EPA) appointment first posted in Bergeson & Campbell, P.C.’s (B&C®) TSCAblogTM post “EPA Announces New Acting Deputy AA at OCSPP.” Lek Kadeli, a top former EPA career official in the research office (ORD), is joining the management team for EPA’s toxics office, bolstering the office as it ramps up to implement the revised Toxic Substances Control Act...

On November 26, 2018, Inside EPA included information from Bergeson & Campbell, P.C.’s (B&C®) memorandum “EPA Publishes First Draft TSCA Chemical Risk Evaluation” in the article “EPA’s PV29 Assessment Likely to Test Reformed TSCA’s Data Standards.” In a Nov. 16 memo on the draft’s release, the law firm Bergeson and Campbell suggests that there may be little reason to challenge the agency’s finding though it leaves the door open to...

On November 14, 2018, Inside EPA spoke with Christopher R. Bryant, Senior Regulatory Consultant, Bergeson & Campbell, P.C. (B&C®), for the article “EPA Eases RCRA For Airbag Removals But Keeps Hazardous Waste Status.” [W]hile dealers and others removing the airbags will be conditionally exempt under the new rule, others further down the waste stream will not, says Chris Bryant, a former EPA waste official who is now a senior regulatory consultant with Bergeson...

On November 13, 2018, Charles M. Auer, Senior Regulatory and Policy Advisor, Bergeson & Campbell, P.C. (B&C®), was quoted by Inside EPA regarding Congress’ plan to oversee the U.S. Environmental Protection Agency’s (EPA) implementation of the revised Toxic Substances Control Act (TSCA). “There may be some bipartisan oversight on nuts and bolts questions. But my guess is that each side will generally focus questions on ‘their’ issues and concerns,” says...

On November 12, 2018, Richard E. Engler, Ph.D., Director of Chemistry for Bergeson & Campbell, P.C. (B&C®), was featured on National Public Radio’s (NPR) morning news program “Morning Edition” during a segment on the chemical methylene chloride.  Reporter Rebecca Hersher asked Dr. Engler, a 17-year veteran of the US Environmental Protection Agency’s (EPA) Office of Pollution Prevention and Toxics (OPPT) and leader of EPA’s Green Chemistry Program, about EPA’s...

On November 6, 2018, Bloomberg Environment quoted Richard E. Engler, Ph.D., Director of Chemistry, Bergeson & Campbell, P.C. (B&C®), regarding new chemical rules. Before 2016, the EPA took regulatory action on 10-15 percent of new chemicals, clearing the way for 85-90 percent of new compounds to proceed without restrictions, Richard Engler, Bergeson and Campbell PC’s director of chemistry, said. But since the amendments to the nation’s primary chemicals law passed in...

On November 5, 2018, Bloomberg Environment quoted Richard E. Engler, Ph.D., Director of Chemistry, Bergeson & Campbell, P.C. (B&C®), in the article “More Sales, Broader Safeguards May Follow Chemical Rule Deluge.” The rules broaden sales opportunities for both the companies that designed these chemicals and ones that want to make or use them, Richard Engler, who was a chemist at the Environmental Protection Agency for 17 years, told Bloomberg Environment. […] The...

Washington, D.C. (November 1, 2018):  Bergeson & Campbell, P.C. (B&C®) is launching a podcast today.  It is called All Things Chemical™ and it will engage listeners in intelligent, insightful conversation about everything related to industrial, pesticidal, and specialty chemicals and the law and business issues surrounding chemicals. B&C’s talented team of lawyers, scientists, and consultants will keep listeners abreast of the changing world of both domestic...

On October 17, 2018, Bergeson & Campbell, P.C. (B&C®) presented a complimentary webinar regarding pending implementation dates of key U.S. Food and Drug Administration (FDA) Food Safety Modernization Act (FSMA) rules. “Keeping up with FSMA – Rules, Obligations, and Key Compliance Dates” was presented by Karin F. Baron, MSPH, Senior Regulatory Consultant, B&C, Lynn L. Bergeson, Managing Partner, B&C, and Scott J. Burya, Ph.D., Regulatory Chemist, B&C, and...

On October 18, 2018, Inside EPA quoted Richard E. Engler, Ph.D., Director of Chemistry, Bergeson & Campbell, P.C. (B&C®), regarding the B&C memorandum “EPA Proposes SNURs that Break New Ground under Amended TSCA.” Industry attorneys are welcoming the agency’s approach, suggesting it sets a precedent for future agency action. “The proposed SNUR is interesting, important, and controversial, as this is the first time under the new law for which EPA is...

Inside EPA Quotes B&C’s “EPA Issues Final TSCA Fees Rule” Memorandum On October 16, 2018, Inside EPA quoted Bergeson & Campbell P.C.’s (B&C®) memorandum “EPA Issues Final TSCA Fees Rule” in the article “EPA finalizes TSCA fees rule but legal challenges possible.” A Sept. 28 memo from the law firm Bergeson & Campbell notes that “the final rule will apply to all submissions that are received starting October 1, 2018. EPA stated that...

Now more than ever, chemical industry stakeholders with shared business and advocacy interests are urged to consider collaborating on regulatory, testing, and related advocacy opportunities. Two years post-passage of the Frank R. Lautenberg Chemical Safety for the 21st Century Act means the U.S. Environmental Protection Agency (EPA) is well underway with implementation of the amended Toxic Substances Control Act (TSCA).    Industry groups that are already established and...

On October 8, 2018, Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), moderated “Sustainable Investment in Agriculture: Improving Agricultural Land Investment Contracts and the Contracting Process” at the legal profession’s largest international event, the International Bar Association (IBA) Annual Conference held this year in Rome, Italy. Ms. Bergeson is Vice Chairman of IBA’s Agricultural Law Committee. Panelists Katherine Cook, Matrix...

On September 29, 2018, Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), and President-Elect of the Product Stewardship Society (PSS) moderated the closing session, “Drivers of Product Stewardship: The Role of Regulations, Private Governance, and Managing,” at the 2018 Product Stewardship Conference in Washington D.C. This conference addressed global safety, environmental, and regulatory challenges by bringing together prominent professionals to present and...

On September 24, 2018, Bloomberg Environment quoted Richard E. Engler, Ph.D., Director of Chemistry, Bergeson & Campbell, P.C. (B&C®), regarding the U.S. Environmental Protection Agency’s (EPA) plan to expand the list of fluorochemicals on the ChemView database. Companies making new fluorochemicals had to generate more than $25 million worth of health, environmental fate, degradation data, and other information under agreements they made, the agency told Bloomberg...

Wednesday, October 17, 2018 1:00 p.m. – 2:00 p.m. (EDT)  Complimentary Registration Available Online  Speakers: ■  Karin F. Baron, MSPHSenior Regulatory Consultant, Bergeson & Campbell, P.C. (B&C®) and The Acta Group (Acta®) ■  Lynn L. BergesonManaging Partner, B&C; President, Acta ■  Scott J. Burya, Ph.D.Regulatory Chemist, B&C and Acta With key implementation dates of several core elements of the U.S. Food and Drug Administration’s (FDA)...

On September 18, 2018, Bergeson & Campbell, P.C. (B&C®) and Bloomberg BNA presented “TSCA Confidential Business Information and Generic Naming: Analyzing the New Rules,” the fourth webinar in the 2018 Chemical Policy Summit Series. The presenters noted that protecting confidential business information (CBI), including chemical identity, has never been easy but remains an essential component of a successful commercial chemical strategy, and cautioned that amended Toxic...

On September 19, 2018, Kathleen M. Roberts, Senior Regulatory Consultant, Bergeson & Campbell, P.C. (B&C®), was quoted by Bloomberg Environment in the article “U.S. Chemical Makers’ Sharing of Use Data Stirs Debate.” TSCA and REACH also are different laws in different stages of implementation, which explains some of the divergent responses of U.S. and European manufacturers, said Kathleen M. Roberts, a senior regulatory consultant in Bergeson & Campbell, PC’s...

On September 12, 2018, Bergeson & Campbell, P.C. (B&C®) and The Acta Group (Acta®) presented “Chemical Regulation in the Middle East.” This complimentary webinar was developed in conjunction with the recently released book “Chemical Regulation in the Middle East,” written by Michael S. Wenk, M.S., Senior Regulatory Consultant with B&C and Acta. Mr. Wenk presented an overview of chemical substance regulation in the Middle East with a focus on key chemical control...

On September 4, 2018, Bloomberg Environment quoted Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®) regarding a shortage of 1,2-benzisothiazol-3(2H)-one. An ongoing global shortage of a chemical used in inks, disinfectants, cleaning, and many other products shows why manufacturers need backup plans to ensure they can meet their commercial obligations, an attorney told Bloomberg Environment. “This may well be an illustration of the new normal,” Lynn...

Complimentary webinar on September 12, 2018, 12:00 p.m. – 1:00 p.m. (EDT) Register online The Acta Group (Acta®) and Bergeson & Campbell, P.C. (B&C®) are pleased to announce the publication of “Chemical Regulation in the Middle East,” written by Michael S. Wenk, M.S. This first of its kind handbook offers an essential guide to the patchwork of chemical regulatory programs and the complex system of permits and licenses that manage chemicals in the countries of the Middle...

The Acta Group (Acta®) and Bergeson & Campbell, P.C. (B&C®) are pleased to announce the publication of “Chemical Regulation in the Middle East,” written by Michael S. Wenk, M.S., Senior Regulatory Consultant with Acta and B&C. This first of its kind handbook offers an essential guide to the patchwork of chemical regulatory programs and the complex system of permits and licenses that manage chemicals in the countries of the Middle East. It also explores the...

On August 21, 2018, Christopher R. Bryant, Senior Regulatory Consultant, Bergeson & Campbell, P.C. (B&C®), was quoted by Bloomberg Environment regarding the U.S. Court of Appeals for the District of Columbia Circuit’s recent order for the U.S. Environmental Protection Agency (EPA) to reconsider multiple parts of a 2015 regulation determining “how coal-fired energy utilities could dispose of coal ash, a byproduct of burning coal to generate electricity.” The decision...

On August 10, 2018, Inside EPA’s article “Industry Backs EPA Chemical Approval But Seeks Clarity On TSCA Process” included comments from TSCAblog’s August 6, 2018, post “EPA Adds Clarity to Interpretation of “Reasonably Foreseeable Conditions of Use”.”  Industry attorneys are welcoming EPA’s recent approval of a new chemical that took a narrow view of the substance’s “reasonably foreseen uses” that the agency is required to consider, but are urging...

On August 2, 2018, Kathleen M. Roberts, Senior Regulatory Consultant, Bergeson & Campbell, P.C. (B&C®) and Vice President, B&C Consortia Management (BCCM), was quoted by Bloomberg Environment in the article “Manufacturers’ Core Questions Remain on EPA’s New Chemical Controls.” Some potential customers won’t purchase any compound regulated by a new use rule, even if the new chemical is better for the environment and safer than alternatives, Kathleen M....

On July 31, 2018, Christopher R. Bryant, Senior Regulatory Consultant, Bergeson & Campbell, P.C. (B&C®), was quoted by Bloomberg Environment regarding states that have delayed adoption of U.S. Environmental Protection Agency (EPA) waste regulations by more than three decades.  Delays can affect companies if regulations provide relief in the form of an exemption to a rule or cost savings, Christopher Bryant, senior regulatory consultant for Bergeson & Campbell PC...

Washington D.C.:  Representatives of the Biobased and Renewable Products Advocacy Group (BRAG®) and representatives of the Biotechnology Innovation Organization (BIO) met with U.S. Environmental Protection Agency (EPA) staff to discuss the two groups’ recently-issued white paper, “Proposal for a Toxic Substances Control Act (TSCA) Inventory Representation and Equivalency Determinations for Renewable and Sustainable Bio-based Chemicals.”  BRAG and BIO members provided...

On July 25, 2018, Richard E. Engler, Ph.D., Director of Chemistry, Bergeson & Campbell, P.C. (B&C®), was quoted by Bloomberg Environment regarding late notices of containment (NoC) filed as the U.S. Environmental Protection Agency (EPA) brings the Toxic Substances Control Act (TSCA) inventory up to date in the article “EPA OK’d Apparent Violations of Chemicals Law.” Sometimes the agency fails to process a commencement notice correctly, said Richard E. Engler,...