All B&C® News
March 8, 2023
Lynn L. Bergeson and Carla N. Hutton Chosen as Top Authors by JD Supra Readers
Bergeson & Campbell, P.C. (B&C®) is pleased to announce that Managing Partner Lynn L. Bergeson and Regulatory Analyst Carla N. Hutton have been recognized in the 2023 JD Supra Readers Choice Awards as top authors in the Environment section. This is Ms. Bergeson’s seventh Readers Choice award, which recognizes the most-read and -shared articles posted on JD Supra, a legal news service, and Ms. Hutton’s first. B&C’s monthly “Wrap-Up of Federal and State Chemical Regulatory Developments” is always widely read and shared. Other popular articles from ... read more >
March 2, 2023
Register Now for the “Extended Producer Responsibility” Webinar
March 22, 2023
12:00 p.m. - 1:00 p.m. EDT
REGISTER NOW
Rooted in the circular economy concept and the “polluter pays” principle, extended producer responsibility (EPR) laws have a long tradition in Europe for many product categories, including packaging. In the United States, EPR is much newer and is viewed as a funding mechanism to support recycling programs by shifting the responsibility to pay for these programs from municipal, public sources to private, product producer sources. Twenty states have adopted EPR legislation that applies to certain types of ... read more >
February 24, 2023
B&C Launches PFAS News and Information Site for Industry Stakeholders; Will Hold PFAS Webinar May 17, 2023
Washington D.C. law firm Bergeson & Campbell, P.C. (B&C®) has launched the PFAS News and Information web page. Continuing B&C’s tradition of providing reliable information and analysis of the most pressing chemical issues of the day, this web page provides constantly updated resources to help those in the chemicals and chemical products industries understand what they need to know about per- and polyfluoroalkyl substances (PFAS) developments and what it means to their business.
PFAS regulation is as globally ubiquitous as the very class of chemicals the term ... read more >
February 16, 2023
Lynn L. Bergeson Quoted by Bloomberg Law in Article “EU Inaction on Nanomaterials Leading to Risks, Groups Say"
On February 15, 2023, Bloomberg Law quoted Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), regarding claims by environmental groups that the European Union (EU) has failed to update rules on nanomaterials, leading to insufficient information being provided about the potential health and environmental risks posed by the substances.
An update of REACH is being prepared that will, among other things, write the mid-2022 definition of nanomaterials into the law, Kobe, [a policy officer in the European Commission’s environment ... read more >
February 2, 2023
“What to Expect in Chemicals Policy and Regulation and on Capitol Hill in 2023” Webinar Available On-Demand
Bergeson & Campbell, P.C.’s (B&C®) January 31, 2023, webinar “What to Expect in Chemicals Policy and Regulation and on Capitol Hill in 2023” is now available for on-demand viewing. During this one-hour webinar, Lynn L. Bergeson, Managing Partner, B&C; James V. Aidala, Senior Government Affairs Consultant, B&C; Richard E. Engler, Ph.D., Director of Chemistry, B&C; and Dennis R. Deziel, Senior Government Affairs Advisor, B&C discussed the U.S. Environmental Protection Agency’s (EPA) priorities, leadership, and ... read more >
January 19, 2023
Recording Available For “Two Years Later: How Has the Chemicals Strategy for Sustainability Changed REACH and CLP Regulations?”
Bergeson & Campbell, P.C. (B&C®) affiliate The Acta Group's (Acta®) January 17, 2023, webinar, “Two Years Later: How Has the Chemicals Strategy for Sustainability Changed REACH and CLP Regulations?,” is now available for on-demand viewing. During this one-hour webinar Meglena Mihova, Managing Partner, EPPA; Thomas Petry, Ph.D., Managing Director, ToxMinds; Jane S. Vergnes, Ph.D., DABT®, Vice President, Scientific Affairs, Director of Toxicology, Acta; and Lynn L. Bergeson, President, Acta, explore exactly how the Chemicals Strategy for Sustainability is ... read more >
January 19, 2023
Bergeson & Campbell, P.C. and The Acta Group Announce Arrivals and Promotions
Bergeson & Campbell, P.C. (B&C®) and The Acta Group (Acta®) are pleased to announce the following hirings and promotions.
Catherine M. Croke, DBA, has been named Director of Product Stewardship and Regulatory Affairs. Dr. Croke is a highly experienced professional with more than three decades of successfully developing and executing product stewardship and regulatory compliance programs within global specialty chemicals and materials companies. She offers clients an exceptionally broad understanding of international product stewardship and sustainability compliance and ... read more >
January 18, 2023
Lynn L. Bergeson Quoted by Chemical Watch in Article “What should we expect from TSCA in 2023?"
On January 18, 2023, Chemical Watch quoted Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), regarding changes expected from the U.S. Environmental Protection Agency (EPA) in the coming year.
According to attorneys at Bergeson & Campbell, the EPA has pulled senior scientists from across the agency to assist with new chemicals reviews, while continuing to hire new ones. "The onboarding and training of new assessors will take time, but EPA’s performance in reviewing PMNs should improve throughout ... read more >
January 18, 2023
Acta Webinar on Chemicals Strategy for Sustainability Quoted in Bloomberg Law Article "Chemical Law Change Ahead in EU Seen Likely to Raise Costs in US"
On January 17, 2023, Bloomberg Law quoted speakers, including Jane S. Vergnes, Ph.D., DABT®, Director of Toxicology, Bergeson & Campbell, P.C. (B&C®), from B&C affliate The Acta Group's (Acta®) "Two Years Later: How Has the Chemicals Strategy for Sustainability Changed REACH and CLP Regulations?" webinar.
The European Union will propose many regulatory changes this year that could substantially increase US companies’ costs and prevent exports of some chemicals or products made with them to the region, attorneys ... read more >
January 17, 2023
Richard E. Engler, Ph.D., Quoted by Chemical Watch in Article “US speciality chemical firms considering shifting R&D to EU"
On January 17, 2023, Chemical Watch quoted Richard E. Engler, Ph.D., Director of Chemistry, Bergeson & Campbell, P.C. (B&C®) regarding an annoucement by the Society of Chemical Manufacturers and Affiliates (Socma) that U.S. speciality chemicals companies are "strongly considering" introducing new chemicals into the European market due to the consistency of the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) review process relative to that of the Toxic Substances Control Act (TSCA).
Rich Engler, director of ... read more >
January 11, 2023
Register Now for “What to Expect in Chemicals Policy and Regulation and on Capitol Hill in 2023” Webinar
Registration is open for the “What to Expect in Chemicals Policy and Regulation and on Capitol Hill in 2023” webinar on January 31, 2023, 11:00 a.m. - 12:00 p.m. (EST).
This webinar offers our best-informed judgment as to the trends and key developments chemical industry stakeholders can expect in 2023. At a political level, the Republicans’ narrow control of the U.S. House of Representatives will almost certainly invite a greater degree of oversight of U.S. Environmental Protection Agency (EPA) actions, particularly with respect to implementation of the 2016 amendments ... read more >
January 6, 2023
Lynn L. Bergeson Quoted by Finishing and Coating in Article “Hiding in Plain Sight: PFAS May Enter Shop on Customer Parts"
Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), was quoted in the January 2023 issue of Finishing and Coating regarding the presence of per-and polyfluoroalkyl substances (PFAS) in materials used around the electroplating process.
“We live in a brave new world indeed,” says Lynn Bergeson, an attorney, and managing partner at Bergeson & Campbell, a firm in Washington D.C. that has been representing businesses in cases brought by the U.S. EPA for several decades.
“We all are beginning to appreciate the ubiquity of ... read more >
January 6, 2023
Bergeson & Campbell, P.C. Releases 2023 Forecast for U.S. Federal and International Chemical Regulatory Policy
Bergeson & Campbell, P.C. (B&C®) and its global consulting affiliate The Acta Group (Acta®) and consortia management affiliate B&C® Consortia Management, L.L.C. (BCCM) are pleased to offer you our Forecast 2023, our seasoned team’s collective take on what to expect regarding global industrial, agricultural, and biocidal chemical initiatives in the New Year. We have worked hard to offer our best-informed judgment on the trends and key developments we expect to see in 2023.
Here at home, most would agree the Biden Administration has made bold and consequential ... read more >
December 14, 2022
Register Now -- Webinar: "Two Years Later: How Has the Chemicals Strategy for Sustainability Changed REACH and CLP Regulations?"
On October 14, 2020, the European Commission adopted the Chemicals Strategy for Sustainability. The Strategy set into motion a series of remarkable actions by the European Chemicals Agency (ECHA) intended to transform the European Union (EU) into a sustainable and carbon neutral economy while improving protection of its people and the environment. The Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) and the Classification, Labeling and Packaging (CLP) regulations are the cornerstones for regulating chemicals in the EU. The Strategy necessarily involves ... read more >
December 9, 2022
Todd J. Stedeford Quoted by Chemical Watch in Article “TSCA Snur restricting carbon nanotubes poses ‘challenges’ for renewable battery sector"
On December 8, 2022, Chemical Watch quoted Todd J. Stedeford, Ph.D., DABT®, ERT, ATS, Of Counsel, Bergeson & Campbell, P.C. (B&C®), regarding a proposed Toxic Substances Control Act (TSCA) significant new use rule (SNUR) restricting the use of multiwalled carbon nanotubes (MWCNTs).
Todd Stedeford, counsel with Bergeson & Campbell, said the challenges presented by the proposed Snur are "not necessarily" unique to renewable battery companies.
Each processor of an article containing a covered MWCNT "would have to ... read more >
December 1, 2022
Dennis R. Deziel Quoted by Chemical Watch in Article “US EPA trims annual pesticide registration maintenance fees"
On December 1, 2022, Chemical Watch quoted Dennis R. Deziel, Senior Government Affairs Advisor, Bergeson & Campbell, P.C. (B&C®), regarding the U.S. Environmental Protection Agency's (EPA) reduction of its annual pesticide registration maintenance fee to $2,400 for fiscal year 2023, down from $2,660 in the previous year.
Dennis Deziel, senior government affairs advisor at law firm Bergeson and Campbell, told Chemical Watch that Congress is working to "finalise bipartisan legislative language", adding that the industry ... read more >
November 30, 2022
Lynn L. Bergeson Quoted by Chemical Watch in Article “Industry backs small business panel recommendations for TSCA PFAS reporting rule"
On November 30, 2022, Chemical Watch quoted Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), regarding recent suggestions from small business advocates and industry stakeholders for lowering the burden of the U.S. Environmental Protection Agency's (EPA) upcoming Toxic Substances Control Act (TSCA) PFAS reporting rule.
Bergeson & Campbell managing partner, Lynn Bergeson, told Chemical Watch the EPA’s request for input on the Irfa – due on 27 December – indicates that the agency could narrow ... read more >
November 17, 2022
Highlights From the Agricultural Law Section Presentations at the IBA Annual Conference
The International Bar Association (IBA) Annual Conference took place in Miami between October 30 and November 4, 2022. During the Annual Conference, the Agricultural Law Section (ALS) welcomed attendees to several events: an open committee meeting on October 31 and two sessions on current topics in agricultural law on October 31 and November 3.
During the open committee meeting, ALS Officers discussed matters of interest and future activities. The committee meeting was attended by several ALS Officers, such as Co-Chair, Nusrat Hassan; Senior Vice Chair, Fabrizio Paratore; Publication ... read more >
November 15, 2022
Richard E. Engler, Ph.D., Quoted by Bloomberg Law in Article “Fees Companies Must Pay EPA to Oversee Their Chemicals Soar"
On November 15, 2022, Bloomberg Law quoted Richard E. Engler, Ph.D., Director of Chemistry, Bergeson & Campbell, P.C. (B&C®), regarding the U.S. Environmental Protection Agency's (EPA) proposal to significantly increase fees chemical manufacturers would have to pay it to evaluate chemical risks and expand fees paid by companies that mix, but don’t make chemicals.
The “fees are surprisingly high” in keeping with the agency’s warning of “sticker shock,” said Richard E. Engler, director of chemistry for Bergeson & ... read more >
November 9, 2022
Register Now for “Articles under TSCA” Webinar
This webinar has been rescheduled from December 7, 2022. The new and correct date and time is December 14, 2022, 12:00 p.m. – 1:00 p.m. (EST).
Registration is open for the "Articles under TSCA" webinar on December 14, 2022, 12:00 p.m. - 1:00 p.m. (EST).
When the Toxic Substances Control Act (TSCA) was enacted in 1976, the U.S. Environmental Protection Agency (EPA) focused its attention on chemical substances and chemical mixtures, while largely exempting the regulation of chemicals in “articles,” generally meaning finished products or manufactured goods. ... read more >
November 3, 2022
Webinar Recording Available for “Food Safety Issues in the United States”
Bergeson & Campbell, P.C.’s (B&C®) October 26, 2022, webinar “Food Safety Issues in the United States” is now available for on-demand viewing at https://attendee.gotowebinar.com/recording/8196944274166221318.
During this one-hour webinar, Thomas J. Dunn, Managing Director, Flexpacknology LLC; Karin F. Baron, Senior Regulatory Consultant, B&C; and Lynn L. Bergeson Managing Partner, B&C, review the seven major rules of the Food Safety Modernization Act (FSMA), discuss food safety over the past decade, and explore what the New Era ... read more >
November 2, 2022
Lynn L. Bergeson Quoted by Chemical Watch in Article “TSCA workplace exposure limits not in works for three substances"
On November 2, 2022, Chemical Watch quoted Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), regarding the U.S. Environmental Protection Agency's (EPA) confirmation that it does not plan to develop Toxic Substances Control Act (TSCA) ‘existing chemical exposure limits’ (ECEL) for three of the first ten chemicals evaluated under the amended law: the colourant PV29, the flame retardant HBCD and the solvent NMP.
It could mean the agency "is planning to pursue either more or less stringent requirements than an ... read more >
October 28, 2022
Lynn L. Bergeson Elected to ACOEL Board of Regents
Bergeson & Campbell, P.C. (B&C®) is pleased to announce that Managing Partner Lynn L. Bergeson has been elected to serve as a Regent of the American College of Environmental Lawyers (ACOEL) for the 2022-2023 term. Ms. Bergeson has been a member of ACOEL since 2011.
ACOEL is a professional association of distinguished lawyers who practice in the field of environmental law. Membership is by invitation, and members are recognized by their peers as preeminent in their field. ACOEL members are dedicated to maintaining and improving the ethical practice of environmental law, the ... read more >
October 28, 2022
Lynn L. Bergeson Quoted by Chemical Watch in Article “Scientific standards could take centre stage in future TSCA litigation"
On October 27, 2022, Chemical Watch quoted Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), regarding the U.S. Environmental Protection Agency's (EPA) announcement that it would reissue risk determinations for seven of the first ten existing substances evaluated under TSCA using an updated approach.
The EPA issued "a very consequential memorandum" in June 2021 when it said it would reissue risk determinations for seven of the first ten existing substances evaluated under TSCA using an updated approach, Lynn Bergeson of ... read more >
October 19, 2022
IBA Agricultural Law Section to Present Sustainability Focus Session “Sustainable Investment in Agriculture -- The Role Lawyers Play” at Annual Conference
The International Bar Association (IBA) Annual Conference in Miami, Florida, brings together lawyers from over 130 jurisdictions and all parts of the legal profession, including lawyers in private practice, in-house counsel, human rights advocates, judges, bar leaders, regulators, and government representatives. Lynn L. Bergeson and Nusrat Hassan co-chair IBA’s Agricultural Law Section (ALS). Hassan and others from the ALS will present the Sustainability Focus session “Sustainable Investment in Agriculture -- The Role Lawyers Play” on November 3, ... read more >
October 13, 2022
Webinar Recording Available for “Environmental, Social, and Governance Issues: A Business Imperative”
Bergeson & Campbell, P.C.’s (B&C®) October 11, 2022, webinar “Environmental, Social, and Governance Issues: A Business Imperative” is now available for on-demand viewing at https://attendee.gotowebinar.com/recording/4666338769766648838. During this one-hour webinar, experts from FTI Consulting, Christine DiBartolo, Senior Managing Director, Head of Americas Corporate Reputation, and Ken Ditzel, Senior Managing Director, explore the hows and whys of environmental, social, and governance (ESG) issues, clearing up what can be a confusing “alphabet ... read more >
October 5, 2022
Lynn L. Bergeson Quoted by Bloomberg Law in Article “Quicker EPA Review Offered for New Energy-Use Chemicals"
On October 5, 2022, Bloomberg Law quoted Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), regarding the U.S. Environmental Protection Agency's (EPA) announcement of a streamlined risk review of new chemicals that can be used for electric vehicle batteries, semiconductors, and renewable energy to determine whether they can be produced in the US.
The new approach is a welcome addition to the mix of new approaches the EPA is using to expedite chemical reviews, said Lynn L. Bergeson, managing partner of Bergeson & Campbell ... read more >
September 28, 2022
Register Now for “Food Safety Issues in the United States” Webinar
October 26, 2022
12:00 p.m. - 1:00 p.m. (EDT)
Register Now
The U.S. Food and Drug Administration (FDA) reports that 48 million people in the United States (1 in 6) get sick, 128,000 are hospitalized, and 3,000 die each year from foodborne diseases. In 2011, President Obama signed into law the Food Safety Modernization Act (FSMA) in part to address this significant public health issue. FSMA is a comprehensive law intended to shift the focus of foodborne illness management from responding to outbreaks to preventing them. FSMA consists of seven major rules, each meant to improve ... read more >
September 19, 2022
Lynn L. Bergeson and Richard E. Engler, Ph.D. Quoted by Bloomberg Law in Article “Lanxess Agrees to Drop Case Over EPA’s Chemical Test Order"
On September 19, 2022, Bloomberg Law quoted Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), and Richard E. Engler, Ph.D., Director of Chemistry, B&C, regarding a federal court's dismissal of Lanxess AG‘s petition asking to challenge an EPA order after the agency clarified that Lanxess and certain other chemical manufacturers wouldn’t be required to test chemicals they formerly made.
Lynn Bergeson, managing partner of Bergeson & Campbell PC, which intervened in the case on behalf of chemical service ... read more >
September 7, 2022
Register Now for "Environmental, Social, and Governance Issues: A Business Imperative" on October 11, 2022
October 11, 2022
12:00 p.m. - 1:00 p.m. (EDT)
REGISTER NOW
Environmental, Social, and Governance (ESG) performance is more than an aspiration, and realizing it in real time is not easy. A well-designed ESG strategy can achieve meaningful improvements in corporate performance and provide real value to stakeholders through specific commitments to corporate responsibility. Any such approach, however, must be measurable, transparent, and accountable. Join experts from FTI Consulting, Christine DiBartolo and Ken Ditzel, and Lynn L. Bergeson, for a Bergeson & Campbell, P.C. ... read more >
August 24, 2022
B&C Quoted by Chemical Watch in Article “US EPA to consider all exposures in premarket chemical reviews”
On August 23, 2022, Chemical Watch quoted the Bergeson & Campbell, P.C. (B&C®) memoradum "EPA Will Discontinue Use of Exposure Modeling Thresholds When Assessing Health and Environmental Risks of New Chemicals," regarding the U.S. Environmental Protection Agency's (EPA) plan to discontinue the use of exposure modeling thresholds when assessing the health and environmental risks of new chemicals under the Toxic Substances Control Act (TSCA) New Chemicals Program.
Law firm Bergeson & Campbell said in an online commentary that it "disagrees ... read more >
August 23, 2022
Richard E. Engler, Ph.D., Quoted by Chemical Watch in Article “Firefighting foam maker sues US EPA over PFAS test order”
On August 22, 2022, Chemical Watch quoted Richard E. Engler, Ph.D., Director of Chemistry, Bergeson & Campbell, P.C. (B&C®), regarding a recent lawsuit by a firefighting foam producer against the U.S. Environmental Protection Agency (EPA) for including the producer in the agency’s initial PFAS TSCA test order, saying it neither manufactures nor processes the surfactant 6:2 fluorotelomer sulfonamide betaine (6:2 FTSB) that is subject to it.
Rich Engler, director of chemistry at Bergeson & Campbell, added that "whether it is appropriate for EPA to ... read more >
August 23, 2022
Lynn L. Bergeson Quoted by Bloomberg Law in Article “New Chemicals Exposure to Get Closer Look in EPA Policy Update”
On August 22, 2022, Bloomberg Law quoted Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), regarding an announcement that the U.S. Environmental Protection Agency (EPA) plans to more closely analyze new chemicals to better understand the extent to which they’ll get into the environment, where people might breathe, touch, or ingest them.
Lynn L. Bergeson, managing partner for Bergeson & Campbell PC, which specializes in chemical laws, described EPA’s announcement as “very unexpected.”
“Without notice ... read more >
August 12, 2022
Lynn L. Bergeson and Richard E. Engler, Ph.D. Quoted by Chemical Watch in Article “US EPA changes TSCA test order policies for companies exiting market"
On August 11, 2022, Chemical Watch quoted Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), and Richard E. Engler, Ph.D., Director of Chemistry, B&C, regarding updated Toxic Substances Control Act (TSCA) test order policies that no longer allow companies to stop manufacturing a substance to avoid fulfilling an agency data generation mandate.
Lynn Bergeson and Rich Engler from law firm Bergeson & Campbell said the new policy seems to be a logical solution to "the prospect of all entities opting out, leaving no ... read more >
August 5, 2022
Webinar Recording Available: “TSCA New Approach Methodologies”
Bergeson & Campbell, P.C.’s (B&C®) August 3, 2022, webinar “TSCA New Approach Methodologies” is now available for on-demand viewing at https://attendee.gotowebinar.com/recording/8166994675079284995.
During this one-hour webinar, panelists shared a comprehensive review of the U.S. Environmental Protection Agency’s (EPA) use of New Approach Methodologies (NAM) in evaluating chemicals under the Toxic Substances Control Act (TSCA). Kristie Sullivan, MPH, Vice President of Research Policy with the Physicians Committee for Responsible Medicine (PCRM), ... read more >
August 4, 2022
Lynn L. Bergeson Earns High Accolades from Chambers, WWL, and Best Lawyers
Bergeson & Campbell, P.C. (B&C®) is pleased to announce that Managing Partner Lynn L. Bergeson has been recognized by a number of the leading legal ranking, and peer and client review organizations, notably Chambers and Partners, Best Lawyers, and Who’s Who Legal.
Ms. Bergeson was awarded the highest ranking attainable, Band 1, in Chambers USA Guide 2022. This is Ms. Bergeson’s 18th year earning top marks from Chambers USA as one of the best lawyers in America. The commentary accompanying her Chambers ranking speaks of Ms. Bergeson as “The best nationwide ... read more >
July 22, 2022
Lynn L. Bergeson Quoted by Bloomberg Law in Article “Three Lawsuits Aim to Shape EPA’s Use of Chemical Test Orders”
On July 22, 2022, Bloomberg Law quoted Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), regarding three lawsuits that challenge the US Environmental Protection Agency’s (EPA) authority to order chemical manufacturers to generate information on their products.
“The Lanxess and Vinyl Institute cases are, to me, a predictable result of a chaotic rollout of EPA Section 4 Test Order efforts,” said Lynn L. Bergeson, managing partner with Bergeson & Campbell PC, which specializes in chemical regulations implemented by ... read more >
July 12, 2022
Lynn L. Bergeson Quoted by Chemical Week in Article “Supreme Court curbs EPA’s ability to regulate power plant emissions”
On July 11, 2022, Chemical Week quoted Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), regarding a Supreme Court ruling that limits the US Environmental Protection Agency’s (EPA) authority to combat climate change by regulating emissions from existing power plants.
Legal experts say the decision could have broader implications for EPA’s ability to regulate chemicals. “The Court seems to have put a name to what some believe is a pretext for conservative courts to blunt agency action on the grounds the text does not allow ... read more >
July 6, 2022
Register Now for “TSCA New Approach Methodologies”
Wednesday, August 3, 2022
12:00 p.m. - 1:00 p.m. (EDT)
Register Today
The 2016 amendments to the Toxic Substances Control Act (TSCA) require the U.S. Environmental Protection Agency (EPA) “to reduce and replace” vertebrate animals to the extent practicable, scientifically justified, and consistent with TSCA policies. EPA is also required to “develop a strategic plan to promote the development and implementation of alternative test methods and strategies to reduce, refine, or replace vertebrate animal testing and provide information of equivalent or better scientific ... read more >
June 29, 2022
Richard E. Engler, Ph.D., Quoted by Bloomberg Law in Article “Cutting Industry Negotiation Said to Speed EPA Chemical Controls”
On June 29, 2022, Bloomberg Law quoted Richard E. Engler, Ph.D., Director of Chemistry, Bergeson & Campbell, P.C. (B&C®), discussing the use of chemical consent orders to speed up the new chemical review process.
Directly issuing orders would not resolve all the delays new chemical manufacturers experience, said Richard Engler, director of chemistry for Bergeson & Campbell, PC. The EPA’s new chemicals office already has negotiated nearly 200 consent orders for new chemicals, he said.
But the manufacturers of those new chemicals can’t fully ... read more >
June 27, 2022
All Things Chemical® Podcast Presents “Balancing Wildlife Protection and Responsible Pesticide Use -- A Conversation with EPA’s Jake Li
The latest episode of Bergeson & Campbell, P.C.’s (B&C®) All Things Chemical® podcast, “Balancing Wildlife Protection and Responsible Pesticide Use -- A Conversation with Jake Li,” features a conversation with Jake Li, Deputy Assistant Administrator for Pesticide Programs, Office of Chemical Safety and Pollution Prevention (OCSPP), U.S. Environmental Protection Agency (EPA). Conversation topics include what the Administration is doing to balance wildlife protection and responsible pesticide use and how the Endangered Species Act (ESA) Workplan is helping ... read more >
June 2, 2022
Richard E. Engler, Ph.D., Quoted in Chemical Watch Article “TSCA: EPA unlikely to defer risk management to other federal agencies”
On May 31, 2022, Richard E. Engler, Ph.D., Director of Chemistry with Bergeson & Campbell, P.C. (B&C®), was quoted by Chemical Watch regarding a recent proposed Toxic Substances Control Act (TSCA) risk management rule that provides insights into the potentially limited extent to which the U.S. Environmental Protection Agency (EPA) will defer to other agencies, despite concern from industry that this could lead to duplicative requirements.
Richard Engler, director of chemistry at law firm Bergeson & Campbell, said he expects the agency will be open to ... read more >
June 1, 2022
Register Now for "TSCA Reform -- Six Years Later" on June 29, 2022
Bergeson & Campbell, P.C. (B&C®), the Environmental Law Institute (ELI), and the George Washington University Milken Institute School of Public Health are pleased to present “TSCA Reform - Six Years Later.” This complimentary virtual conference marks the sixth Toxic Substances Control Act (TSCA) Annual Conference, reflecting on the accomplishments and challenges since the implementation of the 2016 Lautenberg Amendments and where TSCA stands today. Speakers will dive into a host of topics, including the interface of science and policy under TSCA, new chemicals, risk ... read more >
May 27, 2022
Lynn L. Bergeson Quoted by Bloomberg Law in Article “First Lawsuit Challenging EPA’s Chemical Test Order Filed”
On May 26, 2022, Bloomberg Law quoted Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), regarding a lawsuit filed by a coalition of companies making a solvent that the U.S. Environmental Protection Agency’s (EPA) is examining for possible regulation. The coalition is asking a federal court to overturn an agency order seeking data to understand whether the chemical could harm wildlife.
Lynn L. Bergeson, managing partner of Bergeson and Campbell PC, which specializes in chemical regulations, said she couldn’t ... read more >
May 23, 2022
Richard E. Engler, Ph.D., Quoted in Chemical Watch Article “TSCA asbestos proposal to put cost-benefit considerations under the microscope”
On May 20, 2022, Richard E. Engler, Ph.D., Director of Chemistry with Bergeson & Campbell, P.C. (B&C®), was quoted by Chemical Watch regarding the U.S. Environmental Protection Agency's (EPA) proposal to ban all ongoing uses of chrysotile asbestos, including a two-year deadline for the chlor-alkali industry to stop using asbestos diaphragms in the production of chlorine.
The 12 April proposal – the first issued under the amended TSCA in response to a completed risk evaluation – floats what the agency calls an "aggressive ... read more >
May 20, 2022
Webinar Recording Available: “Domestic Chemical Regulation and Achieving Circularity”
Bergeson & Campbell, P.C.’s (B&C®) May 18, 2022, webinar “Domestic Chemical Regulation and Achieving Circularity” is now available for on-demand viewing at https://attendee.gotowebinar.com/recording/2013797750853340422. During this one-hour webinar, Lynn L. Bergeson, Managing Partner, B&C, moderated a timely and fascinating review of the state of sustainable chemical regulation in the United States with Kate Sellers, Technical Fellow, ERM; Mathy Stanislaus, Vice Provost, Executive Director, The Environmental Collaboratory, Drexel University; and Richard E. ... read more >
April 21, 2022
Recording Available: “FIFRA Hot Topics”
Bergeson & Campbell, P.C.’s (B&C®) April 20, 2022, webinar “FIFRA Hot Topics” is now available for on-demand viewing at https://attendee.gotowebinar.com/recording/7426709986449689102. During this one-hour webinar, Lisa M. Campbell, Partner, B&C, moderated a lively and informative discussion between Edward Messina, Director, U.S. Environmental Protection Agency (EPA) Office of Pesticide Programs (OPP), and James V. Aidala, Senior Government Affairs Consultant, B&C, as they discussed key OPP developments and priorities.
With year one of the Biden ... read more >
April 14, 2022
Register Now for “Domestic Chemical Regulation and Achieving Circularity”
Wednesday, May 18, 2022
12:00 p.m. - 1:00 p.m. (EDT)
Register Today
A circular economy requires new thinking about what products we make, from which materials we make them, and where products go at the end of their useful life. An important but often overlooked aspect of new product development is an understanding of the consequences of the product’s chemical composition and the end-of-life implications of the decisions made at the front end of the process. Working within this framework plays a critical role in building a resilient, dependable, and sustainable system that fosters ... read more >
April 6, 2022
Lynn L. Bergeson Quoted by Chemical Watch in Article “How the US EPA has fired a ‘warning shot’ on enforcement of PFAS requirements”
On April 5, 2022, Chemical Watch quoted Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), regarding the U.S. Environmental Protection Agency’s (EPA) recent policy interpretation on the fluorination of high-density polyethylene (HDPE) containers.
[I]n some respects, there has been little surprise at the agency’s view that the generation of certain PFASs during the fluorination of polyolefins – including polyethylene – is an activity covered under the 2020 long-chain perfluoroalkyl carboxylate (LCPFAC) TSCA significant ... read more >
April 4, 2022
Lynn L. Bergeson Quoted in Bloomberg Law Article “White House to Define ‘Sustainable Chemistry’ as EU Demands It”
On April 1, 2022, an article written by Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), was referenced by Bloomberg Law regarding the White House's efforts to define "sustinable chemistry." The quoted article, "Don’t Ignore Game-Changing EU Environmental Initiatives," discusses noteworthy European Union (EU) chemical regulatory and policy initiatives that are expected to impact U.S. chemical stakeholders.
The White House wants help defining “sustainable chemistry” in an ... read more >
April 1, 2022
TSCA New Chemicals Coalition Quoted in Chemical Watch Article “Companies call for EPA to keep TSCA inventory corrections process”
On March 31, 2022, Chemical Watch reported on a letter written by the TSCA New Chemicals Coalition (NCC) calling on the U.S. Environmental Protection Agency (EPA) to suspend its plans to revoke a decades-old policy allowing companies to request corrections to the TSCA inventory.
The TSCA New Chemicals Coalition – an ad hoc group represented by the law firm Bergeson & Campbell – said scrapping the process could give rise to a host of unintended consequences. It also questioned the legality of the agency making the change without an ... read more >
March 28, 2022
Richard E. Engler, Ph.D., Quoted in Bloomberg Law Article “Chemical Makers Ask EPA to Fix, Not Drop, Corrections Policy”
On March 25, 2022, Richard E. Engler, Ph.D., Director of Chemistry with Bergeson & Campbell, P.C. (B&C®), was quoted by Bloomberg Law regarding the U.S. Environmental Protection Agency's (EPA) plan to no longer process chemical manufacturers’ requests to correct the specific ways chemicals on the Toxic Substances Control Act (TSCA) inventory are identified.
If the EPA is concerned that companies are using correction requests to add new chemicals to the inventory, it could issue guidance describing the information needed to support a correction request, ... read more >
March 25, 2022
Register Now for “FIFRA Hot Topics”
Wednesday, April 20, 2022
12:00 p.m. - 1:00 p.m. (EDT)
Register Today
Register now to join Bergeson & Campbell, P.C. (B&C®) for “FIFRA Hot Topics,” a complimentary webinar covering key Office of Pesticide Programs (OPP) priorities and what companies should know to avoid market delays.
Speakers include:
Lisa M. Campbell, Partner, B&C, moderator
Edward Messina, Director, U.S. Environmental Protection Agency (EPA) OPP
James V. Aidala, Senior Government Affairs Consultant, B&C
Program:
With year one of the ... read more >
March 17, 2022
Karin F. Baron, MSPH, Elected to Society for Chemical Hazard Communication Board of Directors
Bergeson & Campbell, P.C. (B&C®) and The Acta Group (Acta®) are pleased to announce that Karin F. Baron, MSPH, has been elected to the Board of Directors of the Society for Chemical Hazard Communication. Ms. Baron, a Senior Regulatory Consultant with B&C and Acta, will serve a two-year term. Ms. Baron has participated as an active member of SCHC for the past 20 years; she is the immediate past Chair of the Professional Development Committee. We are especially pleased that Ms. Baron’s leadership and vast subject matter expertise has been recognized and rewarded with ... read more >
March 15, 2022
B&C Quoted in Chemical Watch Article “Plan to exclude PPE from TSCA risk evaluations sparks industry outcry"
On March 14, 2022, Bergeson & Campbell, P.C. (B&C®) was quoted by Chemical Watch on the U.S. Environmental Protection Agency's (EPA) decision to no longer consider personal protective equipment (PPE) use in Toxic Substances Control Act (TSCA) risk evaluations.
Law firm Bergeson & Campbell said assuming PPE will not be used, including in cases where required by the Occupational Safety and Health Administration (Osha), "is not based on reasonably available information, impermissibly assumes intentional misuse and considers ... read more >
March 15, 2022
Lynn L. Bergeson Quoted in Chemical Watch Article “Stakeholders clash over chlor-alkali restrictions under imminent TSCA asbestos rule"
On March 14, 2022, Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), was quoted by Chemical Watch regarding conflicting visions for the upcoming asbestos Toxic Substances Control Act (TSCA) risk management rule.
Lynn Bergeson, managing partner at law firm Bergeson & Campbell, told Chemical Watch the EPA must look at the availability of "technically and economically feasible alternatives that benefit health or the environment" when adopting risk management rules to reduce unreasonable risk identified in ... read more >
March 2, 2022
Lynn L. Bergeson Quoted in Chemical Watch Article “EPA to scrap TSCA inventory corrections process"
On March 1, 2022, Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), was quoted by Chemical Watch responding to the U.S. Environmental Protection Agency's (EPA) announcement that it will no longer allow companies to request corrections to the Toxic Substances Control Act (TSCA) inventory and instead require them to submit a pre-manufacture notice (PMN) for improperly identified substances.
The decision "is entirely unprincipled and based on a flawed understanding of the correction process and its continuing ... read more >
March 2, 2022
Career Opportunity - Chemical Risk Assessor
Bergeson & Campbell, P.C. (B&C®) and its consulting affiliate, The Acta Group (Acta®), are seeking a chemical risk assessor to join our growing team of regulatory consultants, scientists, and policy experts. This position will be directed from our Washington, D.C. office with flexible telework arrangements available.
Overview of Requirements
Applicants should be highly experienced in all aspects of qualitative and quantitative human health and ecological risk assessment to support regulatory requirements under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), ... read more >
March 1, 2022
Richard E. Engler, Ph.D., Quoted in Bloomberg Law Article "EPA Drops Policy Chemical Makers Use to Correct Critical List"
On Feburary 28, 2022, Richard E. Engler, Ph.D., Director of Chemistry with Bergeson & Campbell, P.C. (B&C®), was quoted by Bloomberg Law regarding the U.S. Environmental Protection Agency's (EPA) announcement that, as of April 26, it will no longer process chemical manufacturers’ requests to correct the specific ways chemicals on the Toxic Substances Control Act (TSCA) inventory are identified.
If the EPA is concerned that companies are using correction requests to add new chemicals to the inventory, it could issue guidance describing the ... read more >
February 16, 2022
Lynn L. Bergeson and Richard E. Engler, Ph.D., Quoted by Inside TSCA in “Industry Sees NAMs Aiding New Chemical Reviews, But Laments PPE Delays"
On February 15, 2022, Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), and Richard E. Engler, Ph.D., Director of Chemistry, B&C, were quoted by Inside TSCA regarding the U.S. Environmental Protection Agency's (EPA) application of new approach methods (NAMs) and category-based analyses for new-chemical reviews.
An industry attorney says EPA’s application of new approach methods (NAMs) and category-based analyses for new-chemical reviews is helping some substances move through the TSCA process quickly and in a ... read more >
February 2, 2022
“What to Expect in Chemicals in 2022” Webinar Recording Available Now
Bergeson & Campbell, P.C.’s (B&C®) January 26, 2022, webinar “What to Expect in Chemicals in 2022” is now available for on-demand viewing at https://attendee.gotowebinar.com/recording/864194569862780944. During the 1-hour webinar, Lynn L. Bergeson, Managing Partner, B&C; Richard E. Engler, Ph.D., Director of Chemistry, B&C; and James V. Aidala, Senior Government Affairs Consultant, B&C offered their best informed judgment as to the trends and key developments chemical industry stakeholders should expect to see from the U.S. Environmental ... read more >
January 24, 2022
Chemical Watch Quotes Richard E. Engler, Ph.D., Regarding CBI Claim Issues
On January 24, 2022, Chemical Watch quoted Richard E. Engler, Ph.D., Director of Chemistry with Bergeson & Campbell, P.C. (B&C®), in the article "Proposal on the horizon to update TSCA confidentiality procedures."
According to Richard Engler, director of chemistry at industry law firm Bergeson & Campbell and a 17-year veteran of the EPA, this could be aimed at ensuring the agency can get in touch with CBI claim holders.
"One of the challenges EPA faces is maintaining contact with submitters so that when CBI claims sunset ... read more >
January 20, 2022
What to Expect in Chemicals in 2022
What to Expect in Chemicals in 2022
WEBINAR
January 26, 2022
12:00 p.m. - 1:00 p.m. EST
Register Now
Momentous changes initiated in 2021 will continue to influence policy development and rulemakings in 2022. Administration appointments in political leadership positions have been filled. New policies and priorities have been unveiled, and with Democrats in control, a more encouraging attitude toward regulation and regulatory initiatives has taken root.
Notwithstanding the emphasis declared by the White House about the issues of climate change and environmental ... read more >
January 5, 2022
Register Now for “What to Expect in Chemicals in 2022”
2022 will bring competing priorities for the U.S. Environmental Protection Agency (EPA) for which companies should now prepare. Bergeson & Campbell, P.C. (B&C®) is pleased to present “What to Expect in Chemicals in 2022,” a webinar offering our best informed judgment as to the trends and key developments B&C’s legal, scientific, and regulatory professionals expect to see in 2022. These include consequential policy shifts reflecting the Biden Administration’s “all of government” commitment to environmental justice and continuing evolution of ... read more >
January 3, 2022
Bergeson & Campbell, P.C. Releases 2022 Forecast for U.S. Federal and International Chemical Regulatory Policy
Bergeson & Campbell, P.C. (B&C®) and its consulting affiliate The Acta Group (Acta®) and consortia management affiliate B&C® Consortia Management, L.L.C. (BCCM) are pleased to offer you our Forecast 2022. The extraordinary diversity and complexity of global industrial, agricultural, and biocidal chemical initiatives in which our clients engage are reflected in the detailed summary that follows, prepared by the legal, scientific, and regulatory professionals of B&C, Acta, and BCCM. In this comprehensive overview, we offer our best informed judgment as to the trends ... read more >
December 15, 2021
Lynn L. Bergeson and Christopher R. Blunck Quoted by Bloomberg Law in “EPA to Miss Chemical Deadlines, Exposing Public to Risks”
On December 14, 2021, Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), and Christopher R. Blunck, Of Counsel, B&C, were quoted by Bloomberg Law regarding the U.S. Environmental Protection Agency’s (EPA) recently released regulatory agenda that “anticipates the agency missing at least five of 10 deadlines the 2016 Toxic Substances Control Act (TSCA) amendments set to restrict too-risky chemicals already on the U.S. market" and "offers no timeline to comply with a 2017 appropriations bill requirement to redefine ... read more >
December 15, 2021
Lynn L. Bergeson and Bergeson & Campbell, P.C. Earn Accolades from Who’s Who Legal, U.S. News and World Report, and Super Lawyers
Bergeson & Campbell, P.C. (B&C®) is pleased to announce that Managing Partner Lynn L. Bergeson has again been named one of North America’s leading legal practitioners by Who’s Who Legal – Environment. Ms. Bergeson’s recognition as a “Global Elite Thought Leader” by peers and clients notes: “Lynn Bergeson is renowned as ‘an excellent lawyer, particularly in chemical matters’. Her in-depth knowledge of risk assessment and liability management receives further applause.” This is the 17th year Ms. Bergeson has appeared in ... read more >
December 13, 2021
Richard E. Engler, Ph.D., Quoted by Bloomberg Law in “EPA Stops Posting ‘Critically Important’ Chemical Risk Data”
On December 13, 2021, Richard E. Engler, Ph.D., Director of Chemistry, Bergeson & Campbell, P.C. (B&C®) was quoted by Bloomberg Law regarding a substantial decrease in chemical data being posted to the ChemView database by the U.S. Environmental Protection Agency (EPA) due to resource constraints. This information is used by the public, industry, and environmental groups to easily access health and safety information for hundreds of chemicals.
Businesses might need the information to decide whether to purchase a chemical, design an alternative, or improve its ... read more >
November 29, 2021
Lynn L. Bergeson and Richard E. Engler, Ph.D., Quoted by Bloomberg Law in “Chemical Makers Face First of Two EPA Fee Hikes”
On November 24, 2021, Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), and Richard E. Engler, Ph.D., Director of Chemistry, B&C, were quoted by Bloomberg Law regarding planned increases for Toxic Substances Control Act (TSCA) fees.
Lynn L. Bergeson, managing partner, with Bergeson and Campbell PC, said EPA’s fee revisions will be the “main event” for companies to watch.
Tuesday’s announcement appears to be the statute’s routine adjustment to fees for inflation, said Richard Engler, director of ... read more >
November 23, 2021
Lynn L. Bergeson and Richard E. Engler, Ph.D., Quoted by Chemical Watch in “TSCA approach for addressing abandoned PFASs may invite criticism”
On November 23, 2021, Chemical Watch 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, regarding a U.S. Environmental Protection Agency (EPA) plan to use Toxic Substance Control Act (TSCA) significant new use rules (SNUR) to address inactive per- and polyfluoroalkyl substances (PFAS).
"The Snur authority is a de facto bar to manufacture/import," Lynn Bergeson and Rich Engler of law firm Bergeson & Campbell said. Requiring companies to submit a significant ... read more >
November 12, 2021
James V. Aidala Quoted in Inside TSCA Article “Former Official Says PFAS Patchwork Shows Failures Of TSCA Preemption”
On November 11, 2021, James V. Aidala, Senior Government Affairs Consultant, Bergeson & Campbell, P.C. (B&C®), was quoted by Inside EPA’s Inside TSCA regarding state regulations of per- and polyfluoroalkyl substances (PFAS).
A former EPA toxics chief says Michigan’s new executive order limiting purchases of products made with per- and polyfluoroalkyl substances (PFAS) not only expands a nationwide patchwork of state-level PFAS policies, but shows that the reformed TSCA’s preemption provision “works on paper, but rarely works in ... read more >
November 11, 2021
B&C Launches FIFRA Tutor™ Online, On-Demand Regulatory Training
Bergeson & Campbell, P.C. (B&C®) is pleased to announce that FIFRA Tutor™ regulatory training courses are now available at www.FIFRAtutor.com. Professionals can preview and enroll in on-demand classes to complete at their own pace and timing. FIFRA Tutor joins B&C’s existing TSCA Tutor® training courses in offering efficient and essential training for chemical regulatory professionals, and a third training program, HazCom GHS Tutor, is planned for 2022.
The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) product approval process is ... read more >
November 9, 2021
Chemical Watch Article “Stakeholders see room for improvement in US EPA’s PFAS categorization” Features Comments by Richard E. Engler, Ph.D.
On November 9, 2021, Richard E. Engler, Ph.D., Director of Chemistry, Bergeson & Campbell, P.C. (B&C®), was quoted by Chemical Watch regarding the U.S. Environmental Protection Agency’s (EPA) classification of per- and polyfluoroalkyl substances (PFASs) for company-funded testing under the Toxic Substances Control Act (TSCA).
According to Richard Engler, director of chemistry for law firm Bergeson & Campbell, the agency has "come down somewhere in the middle" between examining the huge variety of PFASs as one class and as single compounds, ... read more >
October 14, 2021
Lynn L. Bergeson Quoted in Bloomberg Law Article “EPA Strategy Coming to Combat Plastic Pollution, Boost Recycling”
On October 14, 2021, Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), was quoted by Bloomberg Law regarding the U.S. Environmental Protection Agency's (EPA) plan to release a national strategy to reduce plastic waste, improve recycling, and boost the market for recycled goods. Ms. Bergeson discussed these issues during the "Moving Towards “Cradle-to-Cradle”: Regulatory Drivers and Barriers in Reducing Waste and Achieving Sustainable Lifecycle Management and a Circular Economy" session of the ABA Section of ... read more >
October 7, 2021
Chemical Watch Features Comments by Richard E. Engler, Ph.D., Regarding Delays in the TSCA New Chemicals Review Process
On October 7, 2021, Richard E. Engler, Ph.D., Director of Chemistry, Bergeson & Campbell, P.C. (B&C®), was quoted by Chemical Watch in the article “TSCA new chemicals review process has ground to a halt, say industry groups.”
The TSCA new chemicals review process has "slowed dramatically" over the past year, according to trade groups and industry attorneys, a development they say poses a threat to innovation and the introduction of sustainable chemicals.
[…]
"The current delays are reminiscent of the ‘backlog’ ... read more >
September 30, 2021
Lynn L. Bergeson Quoted in Chemical Watch Article “US EPA science policy director to head TSCA advocacy for influential NGO”
On September 30, 2021, Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), was quoted by Chemical Watch regarding Richard Denison’s announcement that he is retiring from the Environmental Defense Fund (EDF) after nearly 35 years.
Lynn Bergeson, managing director at Bergeson & Campbell, expressed her appreciation for Dr Denison’s career. "He has made invaluable contributions to the law, science, and policy of TSCA, on which we may on occasion disagree, but that should not detract from Richard’s invaluable ... read more >
September 22, 2021
PFAS Reporting Rules Webinar Recording and Q&A Document Available Now
Bergeson & Campbell, P.C. (B&C®) is pleased to offer the recording, slides, and written Question and Answer (Q&A) document from our “PFAS Reporting Rules -- What Every Company Needs to Know” webinar, focusing on the U.S. Environmental Protection Agency’s (EPA) proposed reporting rules for per- and polyfluoroalkyl substances (PFAS), presented by B&C Managing Partner Lynn L. Bergeson and Director of Chemistry Richard E. Engler, Ph.D.
Do you wonder if the PFAS reporting rules extend to domestically-produced articles? Or if businesses that incorporate ... read more >
September 14, 2021
Chemical Watch Features Comments by Lynn L. Bergeson and Richard E. Engler, Ph.D., Regarding Compliance Challenges of EPA’s PIP Rule
On September 14, 2021, Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®) and Richard E. Engler, Ph.D., Director of Chemistry, B&C, were quoted by Chemical Watch in the article “US EPA ‘turns up the heat’ on industry to demonstrate PIP rule challenges.”
The EPA, however, has made clear that it will not give [companies] further time lightly.
Many commenters "did not provide sufficiently specific information about their operations to support their assertions" that more time was needed to comply, it said ... read more >
September 14, 2021
Lynn L. Bergeson Quoted in Chemical Watch Article “EPA’s timeline to rework TSCA PBT rules ‘impossible to justify’, NGOs say”
On September 14, 2021, Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), was quoted by Chemical Watch regarding criticism of the U.S. Environmental Protection Agency’s (EPA) decision to grant industry additional time to comply with a Toxic Substances Control Act (TSCA) prohibition on phenol, isopropylated phosphate (3:1) – or PIP (3:1) – in articles.
Some in industry, however, argue the approach represents the agency’s best effort in a tricky situation.
Lynn Bergeson, managing director at Bergeson & ... read more >
September 10, 2021
Meibao Zhuang, Ph.D., Joins Bergeson & Campbell, P.C. and The Acta Group Agricultural Chemicals Practices
Bergeson & Campbell, P.C. (B&C®) and The Acta Group (Acta®) are pleased to announce that Meibao Zhuang, Ph.D., has joined our firms as Senior Scientist and Regulatory Consultant. Dr. Zhuang offers clients in-depth scientific knowledge and exceptional skills in global and regional regulatory strategy honed over a nearly 20-year career leading regulatory efforts with Corteva Agriscience (Corteva) and Dow AgroSciences LLC (Dow). Dr. Zhuang is a research scientist with a Ph.D. in Environmental Toxicology, and Masters and Bachelors degrees in Entomology and Genetics. Dr. Zhuang, ... read more >
August 12, 2021
Lynn L. Bergeson Quoted in Chemical Watch Article "Industry awaits US EPA’s next steps as pause on PIP 3:1 enforcement nears end"
On August 11, 2021, Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), was quoted by Chemical Watch regarding the possibility that the U.S. Environmental Protection Agency (EPA) will extend compliance dates for Toxic Substances Control Act (TSCA) prohibitions on phenol, isopropylated phosphate (3:1) (PIP (3:1)) before a pause on enforcement is set to expire early next month.
Lynn Bergeson, a partner with Bergeson & Campbell who advises companies and trade associations on TSCA compliance, said the agency is aware of and ... read more >
August 12, 2021
Richard E. Engler, Ph.D., Quoted in Bloomberg Law Article “Plunge in New Chemical Requests Hurts Innovation, Lawyers Say”
On August 12, 2021, Richard E. Engler, Ph.D., Director of Chemistry, Bergeson & Campbell, P.C. (B&C®), was quoted by Bloomberg Law regarding the U.S. Environmental Protection Agency’s (EPA) review process for new chemicals.
Richard E. Engler, who directs chemistry at Bergeson and Campbell PC, said the EPA still decided to regulate a new chemical after concluding it would pose “no unreasonable risk"—the safest conclusion the agency can reach. Engler said his client provided 100 pages worth of data showing the chemical was safe and needed ... read more >
August 12, 2021
PFAS Reporting Rules -- What Every Company Needs to Know
WEBINAR
Thursday, September 9, 2021
11:00 a.m. – 12:00 p.m. (EDT)
Register Now
PODCAST
Available Now
Listen Here
Transcript Available Here
When it comes to per- and polyfluoroalkyl substances (PFAS), the U.S. Environmental Protection Agency (EPA) is not messing around. The agency announced on June 10, 2021, three actions intended to protect communities from PFAS:
proposing a rule designed to obtain comprehensive data on more than 1,000 PFAS manufactured in the United States;
withdrawing guidance that EPA believes weakened its July 2020 significant new use rule (SNUR) ... read more >
August 11, 2021
Lynn L. Bergeson Quoted in Chemical Watch Article “Industry presses US EPA to scale back PFAS reporting rule”
On August 11, 2021, Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), was quoted by Chemical Watch regarding the compliance challenges of the U.S. Environmental Protection Agency’s (EPA) proposed per- and polyfluoroalkyl substances (PFAS) reporting rule.
The language of the NDAA limits the EPA’s ability to make certain changes. For example, it says a final rule must be issued by 1 January 2023, and reporting must cover "each person who has manufactured a chemical substance that is a perfluoroalkyl or polyfluoroalkyl substance ... read more >
July 29, 2021
Lynn L. Bergeson Quoted in Chemical Watch Article "US FDA scrutinising fluorinated plastic food containers"
On July 28, 2021, Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), was quoted by Chemical Watch regarding a U.S. Food and Drug Administration (FDA) plan to evaluate fluorinated plastic food containers for potential per- and polyfluoroalkyl substance (PFAS) leaching.
The FDA said that while companies must fulfil "strict data requirements" to demonstrate non-hazardous conditions of use before approval, it reassesses risks as knowledge advances, such as by looking at the research from domestic and international agencies. "The ... read more >
July 28, 2021
Register for In-Person TSCA Training Led by Richard E. Engler, Ph.D., at ChemEdge
8:00 a.m. – 2:00 p.m. CDT
Wednesday, August 11, 2021, San Antonio, TX
There is no better way to prepare yourself and your company to meet TSCA compliance requirements than by enrolling in a day-long workshop lead by Richard E. Engler, Ph.D., Director of Chemistry at Bergeson & Campbell, P.C. (B&C®) and The Acta Group (Acta) and a 17-year veteran of the U.S. Environmental Protection Agency (EPA). Any company that imports, stores, repackages, processes, uses, or disposes of industrial chemicals is subject to the Toxic Substances Control Act (TSCA). The National Association of ... read more >
July 13, 2021
Recording of “TSCA Reform: Five Years Later” Conference and Other Resources Available Now
The “TSCA Reform - Five Years Later” conference held June 30, 2021, featured in-depth discussion, spirited debate, and news-making statements over the course of six virtual panels. A full recording of the event with additional suggested readings and other resources are available on the Environmental Law Institute (ELI) website for members of ELI.
A detailed summary of the event with commentary is available in Bergeson & Campbell, P.C.’s (B&C®), July 1, 2021, memorandum, “ELI Concludes Another Successful Annual TSCA Conference.” B&C prepared ... read more >
July 12, 2021
Lynn L. Bergeson Quoted in Chemical Watch Article “Fujifilm discontinues US sales of PIP 3:1-containing film”
On July 8, 2021, Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), was quoted by Chemical Watch regarding a U.S. Environmental Protection Agency (EPA) plans to begin enforcing PIP 3:1 prohibitions in September.
Many businesses and their supply chains were "caught flat-footed" by the restrictions, said Lynn Bergeson, a partner with Bergeson & Campbell who advises companies and trade associations on TSCA compliance and the regulation of chemicals. At the same time, "the passage of a modest amount of time has not moved the needle ... read more >
July 8, 2021
Lynn L. Bergeson Quoted in Bloomberg Law Article "Chemical Reviews Will Ensure Worker Safety, EPA Toxics Head Says"
On July 7, 2021, Bloomberg Law featured comments by Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®) regarding a U.S. Environmental Protection Agency (EPA) announcement of policies to review the first round of chemical analyses that were performed under the 2016 amendments to the Toxic Substances Control Act (TSCA). The Biden administration is concerned the Trump administration’s policies to examine chemicals’ risks led to conclusions that ignored too many ways the chemicals might harm people or the environment.
Others are concerned ... read more >
July 1, 2021
Comments Made by Lynn L. Bergeson, Michal Freedhoff, Ph.D., and More during TSCA Reform Conference Featured in Bloomberg Law Article "EPA to Revisit Whether Eight Chemicals Too Risky for People"
On June 30, 2021, Bloomberg Law featured quotes from the TSCA Reform – Five Years Later conference regarding a U.S. Environmental Protection Agency (EPA) plan to revisit whether eight chemicals the agency already examined pose greater risks to workers and communities than the Trump administration found.
The eight chemicals are seven solvents—methylene chloride, trichloroethylene (TCE), carbon tetrachloride, n-methylpyrrolidone (NMP), 1-bromopropane (1-BP), perchloroethylene (PERC), and 1-4 dioxane—along with the cyclic aliphatic bromide cluster (HBCD), a group of three ... read more >
June 22, 2021
Register Now for “TSCA Reform—Five Years Later” on June 30, 2021
Wednesday, June 30, 2021
9:00 a.m. - 4:30 p.m. (EDT)
Register Now
Bergeson & Campbell, P.C. (B&C®), the Environmental Law Institute (ELI), and the George Washington University Milken Institute School of Public Health are pleased to present “TSCA Reform - Five Years Later.” This complimentary virtual conference marks the fifth Toxic Substances Control Act (TSCA) Annual Conference, reflecting on the accomplishments and challenges since the implementation of the 2016 Lautenberg Amendments and where TSCA stands today. Speakers will dive into a host of topics, including ... read more >
June 18, 2021
Comments by Christopher Blunck Featured in Chemical Watch Article “Breadth of US EPA’s proposed PFAS reporting rule unprecedented, experts say”
On June 17, 2021, Chemical Watch published insights from Christopher R. Blunck, Of Counsel, Bergeson & Campbell, P.C. (B&C®), regarding a proposed per- and polyfluoroalkyl substance (PFAS) reporting rule that includes downstream users and small businesses with a lack of exemptions for the compounds’ occurrence as byproducts or impurities.
That is "an extremely broad reporting requirement", said Christopher Blunck, of counsel with Bergeson & Campbell. The proposed rule’s absence of limits or conventional exemptions is "not precedented", he ... read more >
June 17, 2021
Lynn L. Bergeson Quoted in Bloomberg Law Article "EPA’s Flame Retardant Rule Offers Chemical Lesson for Businesses"
On April 9, 2021, Bloomberg Law featured comments by Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®) regarding a U.S. Environmental Protection Agency (EPA) rule restricting industrial uses of a popular flame retardant is causing headaches for equipment manufacturers and demonstrating how the nation’s chemicals law can upend global supply chains.
But the Environmental Protection Agency was besieged by industry pleas for help soon after the new administration came into office in January, so it took an unusual step. ... read more >
May 27, 2021
Registration Opens for “TSCA Reform – Five Years Later,” an Essential Annual TSCA Event
A Timely and Essential Complimentary Conference
Wednesday, June 30, 2021
9:00 a.m. - 4:30 p.m. (EDT)
Register Now
Bergeson & Campbell, P.C. (B&C®), the Environmental Law Institute (ELI), and the George Washington University Milken Institute School of Public Health are pleased to present “TSCA Reform - Five Years Later.” This complimentary virtual conference marks the fifth Toxic Substances Control Act (TSCA) Annual Conference, reflecting on the accomplishments and challenges since the implementation of the 2016 Lautenberg Amendments and where TSCA stands today. ... read more >
May 26, 2021
Lynn L. Bergeson Earns High Accolades in Chambers USA Guide 2021
Bergeson & Campbell, P.C. (B&C®) is pleased to announce that Managing Partner Lynn L. Bergeson has been awarded the highest ranking attainable, Band 1, in Chambers USA Guide 2021. This is Ms. Bergeson’s 16th year earning top marks from Chambers USA as one of the best lawyers in America. The commentary accompanying her 2021 Chambers ranking speaks of Ms. Bergeson as “The best nationwide practitioner on product-related environmental regulations; a true expert.” Chambers quotes clients as saying: “She provides timely and cost-effective legal advice on ... read more >
May 24, 2021
Lynn L. Bergeson Quoted by Law 360 in "4 Ways Biden Is Making Headway On Chemical Oversight"
On May 21, 2021, Law 360 quoted Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), regarding some of the first moves of the Biden Administration.
President Joe Biden picked Michal Freedhoff, who helped draft the amendments and worked for the Democrats on the Senate Environment and Public Works Committee during the Trump administration, to lead the agency's Office of Chemical Safety and Pollution Prevention. Freedhoff is already in place at the agency, where she serves as the principal deputy assistant administrator, and was involved in ... read more >
May 20, 2021
Richard E. Engler, Ph.D., Quoted in Chemical Watch Article “What would substance-wide TSCA risk determinations and other new approaches mean for stakeholders?”
On May 20, 2021, Chemical Watch featured comments by Richard E. Engler, Ph.D., Director of Chemistry, Bergeson & Campbell, P.C. (B&C®) regarding recent policy shifts signaled by the US EPA on how it conducts TSCA risk evaluations.
Incorporating environmental justice considerations "may present a significant analytical challenge if EPA seeks to move beyond a fenceline cumulative exposure approach", for example, if a worker is exposed at work and then through living near that facility, said Richard Engler, director of chemistry at Bergeson & Campbell. ... read more >
May 17, 2021
Amy L. Babcock, MPH, DABT®, ERT, MRSB, Joins Bergeson & Campbell, P.C. and The Acta Group
Bergeson & Campbell, P.C. (B&C®) and The Acta Group (Acta®) are pleased to announce that Amy L. Babcock, MPH, DABT®, ERT, MRSB has joined our firms as Senior Scientist. Ms. Babcock has 15-plus years of experience leading qualitative and quantitative human health risk assessments in industry and agency roles, most recently as Supervisory Toxicologist and Branch Chief of the U.S. Environmental Protection Agency’s (EPA) Office of Chemical Safety and Pollution Prevention (OCSPP), Office of Pesticide Programs (OPP) in Research Triangle Park, North Carolina. Ms. Babcock ... read more >
May 10, 2021
Prominent Industry and Agency Veterans Join Bergeson & Campbell, P.C. and The Acta Group
Bergeson & Campbell, P.C. (B&C®) and The Acta Group (Acta®) are pleased to announce that Dennis R. Deziel, former Regional Administrator, Region 1 (New England), U.S. Environmental Protection Agency (EPA), and Todd Stedeford, Ph.D., DABT®, ERT, ATS, former Senior Science Advisor in EPA’s Office of Pollution Prevention and Toxics (OPPT), have joined our firms.
Dennis R. Deziel, Senior Government Affairs Advisor for B&C and Acta, provides the firms’ clients with an extraordinary depth of experience and knowledge of the regulatory process and government ... read more >
May 10, 2021
Outstanding TSCA Events This June: Conferences, In-Depth Training, and "TSCA Reform: Five Years Later" Symposium
Lawyers, regulatory experts, and product stewardship professionals engaged in Toxic Substances Control Act (TSCA) compliance have an unusually rich array of conferences and trainings to attend next month. Professionals of all levels and tenures can find programs to meet their requirements, from one-day key developments updates, to multi-day fundamentals training, to “TSCA Reform: Five Years Later,” the fifth anniversary of this celebrated symposium, presented by the Environmental Law Institute (ELI), the George Washington University Milken Institute School of Public Health, ... read more >
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2200 Pennsylvania Avenue, NW, Suite 100W
Washington, D.C. 20037
202-557-3800 • 202-557-3836 (fax) | lawbc.com
Contact • Twitter
Privacy Policy | Terms of Use | Cookie Policy | Attorney Advertising | Trademarks
©2023 Bergeson & Campbell, P.C.
All Rights Reserved.
