All Things Chemical® Podcast

This week, I discuss with my colleague, Kelly N. Garson, a Senior Associate here at B&C and Regulatory Consultant for The Acta Group (Acta®), B&C’s consulting affiliate, the implications of the demise of Chevron deference, especially as it relates to Toxic Substances Control Act (TSCA) litigation. We discuss what Chevron deference is, other types of deference that are still very much a part of judicial review, and how Chevron’s elimination could impact the implementation of the...

This week, I was pleased to welcome back to the studio Jim Aidala, Senior Government Affairs Consultant at B&C and its consulting affiliate, The Acta Group (Acta®), to discuss the first six months of the Trump Administration. We have all been trying to take in and process the many Executive Orders, Presidential Directives, and other developments of all sorts coming out of the White House at a head-spinning pace, and assess their  impacts on the industrial and agricultural chemical...

Download now. This week, I discuss with Patricia Underwood, Ph.D., DABT, MBA, Chief Toxicologist, Principal Director – Chemical and Material Risk Management, Office of the Assistant Secretary of Defense, Department of Defense, and my colleague, Richard E. Engler, Ph.D., Director of Chemistry for B&C and The Acta Group (Acta®), our consulting affiliate, the U.S. Department of Defense’s (DOD) recent Request for Information (RFI) on chemicals undergoing U.S. Environmental Protection...

Hello, this is Lynn Bergeson. As many of our listeners may know, we here at Bergeson & Campbell, P.C. recently published a book through the American Bar Association's Section of Environment, Energy, and Resources, titled Chemical Product Law and Supply: A Guide to New TSCA. Recently, my ABA colleague Amy Edwards, a partner at Holland & Knight LLP, and I recorded a podcast to discuss the book—why we wrote it, and why chemical stakeholders of all...

Download transcript. This week, I discuss with my colleagues, Carla N. Hutton, Senior Regulatory Analyst for B&C, and Dr. Richard E. Engler, Director of Chemistry for B&C and The Acta Group (Acta®), our consulting affiliate, the ever-expanding and complicated scope of per- and polyfluoroalkyl substances (PFAS) regulation in the United States. We convened a webinar on this topic in mid-May and attracted a record-breaking 1000+ registrants, suggesting to us that PFAS continues to be a...

Download transcript. This week I had the pleasure of speaking with Karyn Schmidt, now a principal at Squire Patton Boggs in its Public Policy practice, after spending 25 years at the American Chemistry Council (ACC). For the many members in the chemical community who know Karyn, her deep understanding of chemical law and policy will serve the firm’s clients well. We discuss Karyn’s transition to private practice, her work at ACC, and Karyn’s thoughts on what is in store for chemical...

Download transcript. This week I had the pleasure of speaking with Melissa Owen, attorney/owner of Ambiente Legal, about the significant regulatory developments regarding chemical registration in Latin America, including Latin American Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) initiatives and the Globally Harmonized System of Classification and Labeling of Chemicals (GHS). We discuss Brazil REACH, which requires by law the government to have an implementing...

Download transcript. This week I had the pleasure of speaking with Lioba Oerter, Director of Expert Services, 3E Expert Service Processing Centre (ESPC), and Karin F. Baron, Director of Hazard Communication and International Registration Strategy at B&C and our consulting affiliate, The Acta Group, about the significant changes to product classification, labeling, and packaging (CLP) in the European Union (EU). Lioba and I shared a podium recently and found we also have a shared belief that...

Download transcript. This week, I discuss with my colleagues, Dr. Richard E. Engler, Director of Chemistry for B&C and The Acta Group (Acta®), our consulting affiliate, and Kelly N. Garson, Senior Associate for B&C and Acta, our recently released book, titled Chemical Product Law and Supply Chain Stewardship: A Guide to New TSCA, published by the American Bar Association. As listeners know, as a law firm and consulting firm, we do a lot of work under the Toxic Substances Control Act...

Download transcript. This week, I discuss Toxic Substances Control Act (TSCA) developments with my colleague, Dr. Richard E. Engler, Director of Chemistry for B&C and The Acta Group (Acta®), our consulting affiliate. The U.S. Environmental Protection Agency’s (EPA) implementation of the 2016 Frank R. Lautenberg Chemical Safety for the 21st Century Act amendments has been a dynamic, evolving, and unpredictable work in progress for almost nine years. Given the new Administration, we are...

Download transcript. This week, I sat down with Jim Aidala, Senior Government Affairs Consultant at B&C and its consulting affiliate, The Acta Group (Acta®), to discuss the early days of the new Administration, what changes we can expect at the U.S. Environmental Protection Agency (EPA) generally, and key issues the Office of Pesticide Programs (OPP) can be expected to tackle. Jim’s unique perspective as a former Assistant Administrator of what is now called the Office of Chemical Safety...

Download transcript. This week I discuss with my colleague, Mark Washko, Senior Government Affairs Advisor for B&C and The Acta Group, our consulting affiliate, the new 119th Congress and what might be key legislative actions our listeners should look for. The new Congress reflects many new members, new staffs, and a new Republican majority in both chambers. What can we expect? Will Congressional Review Act measures un-do key Biden initiatives? What might we expect in terms of a budget...

Download transcript. Recognizing it has much to do and little time to complete its tasks, the Office of Pollution Prevention and Toxics (OPPT) has been issuing final rules at a fast and furious rate since the election last month. This week, I discuss OPPT’s to-do list with my colleague, Dr. Richard E. Engler, Director of Chemistry for B&C and The Acta Group (Acta®), our consulting affiliate. In addition to multiple final Section 6 risk management rules, the U.S. Environmental Protection...

Download transcript. This week, I sat down with our two government affairs experts, Jim Aidala and Mark Washko, to get their take on the very eventful past two weeks and seek their thoughts on what 2025 might look like legislatively and at the U.S. Environmental Protection Agency (EPA) administratively. With the Republican trifecta and some surprising Cabinet and EPA-designate picks, we have much to discuss. We cover the election results, the transition period between now and Inauguration...

Download transcript. This week, I welcomed to the studio Lara Hall, Senior Regulatory Scientist/Quality Assurance Specialist at B&C and our consulting affiliate, The Acta Group (Acta®), to discuss a few of the many critical issues associated with chemical testing. Chemical testing is undertaken for lots of reasons: government mandate; product stewardship; and product defense and support, to name a few. What is under-appreciated is the importance of the standards that apply under Good...

Download transcript. This week I had the pleasure of speaking with U.S. Food and Drug Administration (FDA) Deputy Commissioner for Human Foods, Jim Jones, about all the amazing initiatives Jim is overseeing as the first FDA Deputy Commissioner for Human Foods. Many of us in the chemical community know Jim and his extraordinary career at the U.S. Environmental Protection Agency (EPA) leading both the EPA pesticides and toxics program offices, culminating his EPA career as Assistant Administrator...

Download transcript. This week I had the pleasure of speaking with Linda Reinstein, President and Cofounder of the Asbestos Disease Awareness Organization (ADAO), about her many years of asbestos disease awareness advocacy. Having lost her husband, Alan, to mesothelioma two decades ago, Linda set out to educate others about the diseases associated with asbestos exposure. Her story is one of grit, perseverance, and devotion. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR...

On June 26, 2024, B&C, along with the Environmental Law Institute and the George Washington University Milken Institute of Public Health, sponsored the all-day virtual conference, TSCA Reform — Eight Years Later. The quality of the discussion, the caliber of the participants, and the timeliness of the content motivated us to repurpose the substantive sessions. B&C and ELI are pleased to co-sponsor this episode of All Things Chemical® to enable our podcast audience to listen to...

On June 26, 2024, B&C, along with the Environmental Law Institute and the George Washington University Milken Institute of Public Health, sponsored the all-day virtual conference, TSCA Reform — Eight Years Later. The quality of the discussion, the caliber of the participants, and the timeliness of the content motivated us to repurpose the substantive sessions. B&C and ELI are pleased to co-sponsor this episode of All Things Chemical® to enable our podcast audience to listen to...

On June 26, 2024, B&C, along with the Environmental Law Institute and the George Washington University Milken Institute of Public Health, sponsored the all-day virtual conference, TSCA Reform — Eight Years Later. The quality of the discussion, the caliber of the participants, and the timeliness of the content motivated us to repurpose the substantive sessions. B&C and ELI are pleased to co-sponsor this episode of All Things Chemical® to enable our podcast audience to listen to...

On June 26, 2024, B&C, along with the Environmental Law Institute and the George Washington University Milken Institute of Public Health, sponsored the all-day virtual conference, TSCA Reform — Eight Years Later. The quality of the discussion, the caliber of the participants, and the timeliness of the content motivated us to repurpose the substantive sessions. B&C and ELI are pleased to co-sponsor this episode of All Things Chemical® to enable our podcast audience to listen to these...

Download transcript. This week I had the pleasure of speaking with Michael Connett, Partner with Siri & Glimstad, LLP to discuss his epic litigation representing Food & Water Watch, a non-profit consumer organization that sued EPA over the fluoridation of drinking water. This issue has a long and complicated administrative and litigation history, and Michael and his firm are actively engaged in a groundbreaking federal litigation based on a judicial appeal of a denied Toxic Substances...

Download transcript. This week I had the pleasure of speaking with W. Scott Thurlow with Thurlow Law & Public Affairs, headquartered Ottawa, Ontario, about Canada’s most recent updated draft report on the state of per- and polyfluoroalkyl substances (PFAS). The updated draft report defines PFAS to exclude fluoropolymers, an issue in which Scott and his firm are deeply engaged. We discuss the draft report, Canada’s approach to the regulation of PFAS, and Scott’s practice as a Canadian...

Download transcript. This week, I welcomed to the studio Lara Hall, Senior Regulatory Scientist/Quality Assurance Specialist at B&C and our consulting affiliate, The Acta Group, to discuss the critical importance of understanding the role of the study sponsor. As our listeners know, chemical data -- testing results, chemical studies, exposure information, environmental fate and monitoring data, to name a few -- are the new currency in the chemical community. These data are incredibly...

Download transcript. This week, I welcomed back to the studio Karin F. Baron, Director of Hazard Communication and International Registration Strategy at B&C and our consulting affiliate, The Acta Group. And none too soon. Just when you were giving up hope in tackling the monster final Hazard Communication Standard rule issued on May 20, you realized Karin and I are devoting an entire podcast to the final rule! As many of you know, Karin is second to none when it comes to hazard...

Download transcript. This week, I had the pleasure of speaking with Elissa Reaves, Ph.D., Director, Office of Pollution Prevention and Toxics (OPPT) at the U.S. Environmental Protection Agency (EPA), to discuss Dr. Reaves’ recent ascent to this position, her approach to office management, her priorities and goals for OPPT, and some interesting comparisons and contrasts with Dr. Reaves’ former stomping ground, EPA’s Office of Pesticide Programs (OPP). ALL MATERIALS IN THIS PODCAST ARE...

Download transcript. This week I had the pleasure of speaking with Joel A. Tickner, Ph.D., Professor, Department of Public Health, University of Massachusetts Lowell, and Executive Director of Change Chemistry, to discuss green chemistry and Joel’s important work at Change Chemistry. We all appreciate that chemicals are essential to society. Green chemistry is all about engineering chemicals to diminish their adverse impacts and ensure chemicals, materials, and products are safe, efficacious,...

Download transcript. This week I discuss with my colleague, Mark Washko, Senior Government Affairs Advisor for B&C and The Acta Group, our consulting affiliate, the importance of government affairs engagement in the current political environment. Mark recently joined us, having spent 16 years as Head of Federal Government Affairs for BASF Corporation here in Washington, D.C. Mark has significant experience in engaging with Congressional staff and Members to ensure his clients’ interests...

Download transcript. This week I had the pleasure of speaking with Nora von Bergen, LL.M., a lawyer with Food Lex AG, to discuss her role as an accomplished food practitioner in Bern, Switzerland. Nora and I are both officers of the International Bar Association Agriculture and Food Law Section, and I have learned more over the past several years about Nora’s practice and find it fascinating. We discuss what Nora does at Food Lex and in that context, recent comprehensive amendments to Swiss...

Download transcript. This week I discuss with my colleague, Heather Blankinship, Senior Scientist/Regulatory Consultant for B&C and The Acta Group, and Senior Manager for B&C® Consortia Management, L.L.C. (BCCM) to discuss the value of coalition advocacy, and its essentiality in the chemical space, especially now. Heather manages many chemical coalitions and does a masterful job of managing issues and people. When you think about it, engaging commercial competitors to align on...

Download transcript. This week I discuss with my colleague, Dr. Richard E. Engler, Director of Chemistry for B&C and The Acta Group, our consulting affiliate, the U.S. Environmental Protection Agency’s (EPA) important and recently issued first final risk management rule for chrysotile asbestos. Those of us in the Toxic Substances Control Act (TSCA) community know asbestos occupies a special place in TSCA’s checkered past, and EPA’s final rule is an important chapter in that book....

Download transcript. This week, I was excited to sit down with Jim Aidala, Senior Government Affairs Consultant at B&C and its consulting affiliate, The Acta Group, to discuss FIFRA hot topics. For those of us who work in the complicated and ever-changing area of agricultural and biocidal products, federal and state regulation of ag products is often hard to understand and to monitor. Jim knows this space better than anyone, having worked on the Hill, led EPA’s toxics office, and now...

Download transcript. This week I discuss with my colleague, Dr. Richard E. Engler, Director of Chemistry for B&C and The Acta Group, our consulting affiliate, the super-hot topic of per- and polyfluoroalkyl substances (PFAS) reporting under the Toxic Substances Control Act (TSCA). PFAS, the class of so-called forever chemicals, are the talk of this town, and likely the talk of many jurisdictions given the intense global scrutiny all things PFAS endure. Rich and I focus our broad ranging...

Download transcript. This week I had the distinct pleasure of visiting with former Chief Justice of the Delaware Supreme Court, the Honorable Leo E. Strine, Jr., Of Counsel, at Wachtell, Lipton, Rosen & Katz. Judge Strine and I discuss the intense focus on environmental, social, and governance (ESG) standards and the pressures on corporate directors and managers occasioned by the Caremark decision and its progeny, among other developments. These initiatives have particular relevance to...

Download transcript. This week I discuss with my colleague, Dr. Richard E. Engler, Director of Chemistry for B&C and The Acta Group, our consulting affiliate, what to expect in 2024 regarding TSCA developments. Rich is a leading voice on all things TSCA, especially new chemicals, and a widely sought after thought leader on the U.S. Environmental Protection Agency’s (EPA) implementation of the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg), Congress’ 2016...

Download transcript. This week, I sat down with Jim Aidala, Senior Government Affairs Consultant at B&C and its consulting affiliate, The Acta Group. As many of our listeners know, Jim is a former Assistant Administrator of the Toxics office at the U.S. Environmental Protection Agency (EPA). He has worked on Capitol Hill as a pesticide policy expert and a keen student of all things political. We discuss what to expect in 2024 from the Hill and EPA’s Office of Chemical Safety and Pollution...

Download transcript. This week, I welcomed back to the studio Karin F. Baron, Director of Hazard Communication and International Registration Strategy at B&C and our consulting affiliate, The Acta Group. Karin and I discuss an old but evolving concept in FDA circles called GRAS -- Generally Recognized as Safe. As listeners may know, “food additives” require pre-market approval by FDA. Substances “generally recognized” as safe under the conditions of a substance’s intended use are...

Download transcript. Download “Considerations for the Environmental Risk Assessment of the Application of Sprayed or Externally Applied dsRNA-Based Pesticides." This week, listeners are in for a real treat as I sit down with Dr. Meibao Zhuang, Senior Scientist/Regulatory Consultant with B&C and our consulting affiliate, The Acta Group, to discuss double-stranded ribonucleic acid interference, better known as ds RNAi. Ds RNAi is a technology that allows scientists to silence (or interfere...

Download transcript. This week, I had the distinct pleasure of visiting with Rachel James, an attorney with the Southern Environmental Law Center (SELC). Rachel’s background and specialized training make her uniquely well suited to address some of the very interesting issues in which she engages at SELC on behalf of a diverse set of community groups. The Biden-Harris Administration has made environmental justice and accounting for susceptible subpopulations core components of its approach to...

Download transcript. This week, I welcomed back to the studio Karin F. Baron, Director of Hazard Communication and International Registration Strategy at B&C and our consulting affiliate, The Acta Group. Karin and I discuss Revision 10 of the Globally Harmonized System of Classification and Labeling of Chemicals, commonly referred to as GHS. Release of any new GHS revision is a big deal, and Revision 10 is no exception. Karin highlights key elements of the revision, including changes to...

On June 29, 2023, B&C, along with the Environmental Law Institute and the George Washington  University Milken Institute of Public Health, sponsored the all-day virtual conference, TSCA Reform -- Seven Years Later. The conference was hugely successful and over 700 people registered for it. The quality of the discussion, the caliber of the participants, and the timeliness of the content motivated us to repurpose the substantive sessions to enable our podcast audience to listen to...

On June 29, 2023, B&C, along with the Environmental Law Institute and the George Washington  University Milken Institute of Public Health, sponsored the all-day virtual conference, TSCA Reform -- Seven Years Later. The conference was hugely successful and over 700 people registered for it. The quality of the discussion, the caliber of the participants, and the timeliness of the content motivated us to repurpose the substantive sessions to enable our podcast audience to listen to...

On June 29, 2023, B&C, along with the Environmental Law Institute and the George Washington University Milken Institute of Public Health, sponsored an all-day virtual conference, TSCA Reform -- Seven Years Later. The conference was hugely successful and over 700 people registered for it. The quality of the discussion, the caliber of the participants, and the timeliness of the content inspired us to re-broadcast the discussion to our podcast audience. This panel discusses the U.S....

On June 29, 2023, B&C, along with the Environmental Law Institute and the George Washington University Milken Institute of Public Health, sponsored the all-day virtual conference, TSCA Reform -- Seven Years Later. The conference was hugely successful and over 700 people registered for it. The quality of the discussion, the caliber of the participants, and the timeliness of the content motivated us to repurpose the substantive sessions to enable our podcast audience to listen to the sessions...

Download transcript. This week I had the distinct pleasure of visiting with Mark Washko, Head of Federal Government Affairs at BASF Corporation. I have worked with Mark and admire his extraordinary communication skills, particularly his ability to advocate on complex science policy and chemical issues clearly and in a way that is relatable. We in the chemical community are constantly challenged on so many levels in this regard -- how to speak clearly, and to speak in a way that wins friends and...

This week, we are re-releasing my conversation with Dr. Richard E. Engler, Director of Chemistry for B&C and The Acta Group (Acta®), our consulting affiliate, originally recorded in April. We discussed then a lawsuit challenging the U.S. Environmental Protection Agency’s (EPA) issuance of a Consent Order under Section 5(e) of the Toxic Substances Control Act (TSCA). As listeners may know, judicial challenges to TSCA Section 5(e) orders are rare, and this one is even more unusual because...

Download transcript. This week I discuss with my colleague, Dr. Richard E. Engler, Director of Chemistry for B&C and The Acta Group, our consulting affiliate, the importance of engaging early and often with the U.S. Environmental Protection Agency (EPA) in the Toxic Substances Control Act (TSCA) Section 6 risk evaluation process. We discuss conditions of use (COU) of a chemical being evaluated by EPA, the reasons why educating EPA on COUs is critically important to regulated businesses, the...

Download transcript. This week, I was excited to speak with Dr. Catherine M. Croke, Bergeson & Campbell’s and our consulting affiliate’s, The Acta Group, Director of Product Stewardship and Regulatory Affairs, about product stewardship and its role in achieving competitive advantage. There is a direct relationship between the two if you know how to leverage excellent stewardship to achieve competitive advantage. In my conversation with Catherine, we consider the nature of this...

Download transcript. This week I had the pleasure of visiting with Dr. Lesa Rice-Jackson, CPPS, Managing Principal Consultant, Rice Jackson Health Safety & Regulatory Compliance Consulting, to discuss Lesa’s expertise in occupational safety and health and product stewardship issues. Dr. Jackson has a distinguished career in private practice as an employee of a large industrial chemical company, and now is President of her own consultancy. Lesa is both a much sought after service provider...

This week, we are re-releasing a podcast I recorded with my colleague, Dr. Richard E. Engler, Director of Chemistry for B&C and The Acta Group, our consulting affiliate, much earlier this year on the U.S. Environmental Protection Agency’s (EPA) development of new chemical categories to help streamline Toxic Substances Control Act (TSCA) Section 5 new chemical review. Since January, the concept of chemical categories has attracted significant attention. Rich and I discuss in the...