June 20, 2019

Environmental Compliance and Enforcement with Environmental Integrity Projects’ Eric Schaeffer

This week, I sat down with a highly-regarded member of the environmental NGO community, Eric Schaeffer, who currently serves as the Executive Director of the Environmental Integrity Project, which he co-founded in 2002. Previously, Eric worked for more than a decade at EPA, including a five-year stint as the Director of EPA’s Office of Civil Enforcement, which, as you will hear in our conversation, was a very formative time for his thinking. At a time when some news outlets and EPA...
June 19, 2019

EDF Publishes Report on Trump EPA’s Implementation of the Lautenberg Act

The Environmental Defense Fund (EDF) announced on June 17, 2019, a report entitled Toxic Consequences:  Trump’s attacks on chemical safety put our health at risk.  EDF notes that “[c]oncern over toxic exposures and a lack of confidence in the badly outdated chemical safety system” led to Congress passing the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg Act) to reform the Toxic Substances Control Act (TSCA).  The bipartisan bill...
June 19, 2019

Lynn L. Bergeson, “Protecting Confidential Business Information: An Evolving Challenge,” International Chemical Regulatory and Law Review, Volume 2, Issue 2, Summer 2019.

The concept of confidential business information (CBI) is sometimes considered at odds with the concept of the ‘right-to-know.’ When Congress amended the Toxic Substances Control Act (TSCA) in 2016 through enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg), it was mindful of the public’s growing interest in knowing more about the identity of chemicals to which they may be exposed, but equally mindful of a business’ legitimate interest in protecting...
June 19, 2019

FDA FSMA Food Defense Plan Requirements

Wednesday, July 24, 20191:00 p.m. - 2:00 p.m. (EDT) View this webinar on demand online. Overview: The U.S. Food and Drug Administration’s (FDA) Food Safety Modernization Act (FSMA) is the most comprehensive reform measure created to prevent food-borne illness.  Enacted in 2011, FSMA includes massive legislative changes aimed to prevent food-borne diseases.  One of the FSMA foundational rules, Mitigation Strategies to Protect against Intentional Adulteration, requires...
June 18, 2019

New York Delays Enforcement of Household Cleansing Product Information Disclosure Program

On June 12, 2019, the New York State Department of Environmental Conservation (NYSDEC) announced that it will delay enforcement of the Household Cleansing Product Information Disclosure Program (Disclosure Program) from July 1, 2019, to January 1, 2020.  NYSDEC states in the June 12, 2019, Environmental Notice Bulletin that it will begin enforcing any violations of the required disclosure as of January 2, 2020.  According to the notice, NYSDEC “will...
June 17, 2019

New York Further Delays Enforcement of Household Cleansing Product Information Disclosure Program

On June 12, 2019, the New York State Department of Environmental Conservation (NYSDEC) announced that it will delay enforcement of the Household Cleansing Product Information Disclosure Program (Disclosure Program) from July 1, 2019, to January 1, 2020. NYSDEC states in the June 12, 2019, Environmental Notice Bulletin that it will begin enforcing any violations of the required disclosure as of January 2, 2020. According to the notice, NYSDEC “will continue to work with any...
June 17, 2019

EPA Will Quit Sending TSCA CBI Claims of Deficiency in August 2019

The U.S. Environmental Protection Agency (EPA) announced on July 15, 2019, that it will cease sending notices of deficiency to businesses that submit procedurally flawed confidential business information (CBI) claims under the Toxic Substances Control Act (TSCA).  This is a significant change from the interpretation EPA announced in January 2017, and a company’s failure to appreciate its consequences could prove damaging.  Effective August 15, 2019, EPA will provide written notice to...
June 14, 2019

EPA Receives Manufacturer Requests for Risk Evaluations of DIDP and DINP

On June 14, 2019, the U.S. Environmental Protection Agency (EPA) announced that on May 24, 2019, EPA received manufacturer requests for EPA to conduct risk evaluations of diisodecyl phthalate (DIDP) from ExxonMobil Chemical Company and diisononyl phthalate (DINP) from ExxonMobil Chemical Company, Evonik Corporation, and Teknor Apex, both through the American Chemistry Council’s High Phthalates Panel.  EPA states that both DIDP and DINP belong to a family of chemicals commonly referred to...
June 14, 2019

APHIS Proposes Revised Regulatory Framework Regarding The Movement Of Certain Genetically Engineered

By Lynn L. Bergeson The U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) issued a proposed rule on June 6, 2019, on the movement of certain genetically engineered (GE) organisms.  84 Fed. Reg. 26514.  The proposed rule would revise the regulations regarding the movement, including the importation, interstate movement, and environmental release of certain GE organisms in response to advances in genetic engineering and APHIS’...
June 14, 2019

DOE BETO Announces Upcoming Webinars In Honor Of Renewable Biomass Feedstocks Month

By Lynn L. Bergeson On June 5, 2019, the U.S. Department of Energy (DOE) Bioenergy Technologies Office (BETO) announced the Conversion-Ready Feedstock Webinar Series. These webinars will be primarily educational to showcase research strategies that enable biomass feedstock management variability and supply chain improvements in biomass quality and consistency. Two webinar sessions will be part of this series.  The first webinar was held on June 13, 2019, and the second webinar will be held...