Green Chemistry

Lynn L. Bergeson, Charles M. Auer, and R. David Peveler, "TSCA and the Regulation of Renewable Chemicals," Industrial Biotechnology, October 2012.

The dual national goals of reducing America’s dependence on foreign oil and greening the economy converge in biobased chemicals, the promising and rapidly evolving field of technology that produces commercial chemicals from renewable feedstocks. Although biobased chemicals have a long history, increasing sensitivity to reliance on nonrenewable feedstocks and the environmental impact of petroleum-derived chemicals have hastened the commercialization of biobased chemicals, and today they are in production as never before. According to one estimate, biobased chemicals’ share of the global chemical industry is expected to grow from 2% in 2008 to 22% by 2025. Lux Research reports that biobased chemicals capacity will double in market potential to $19.7 billion in 2016.

Lynn L. Bergeson, "California Aims For Safer Consumer Products," Chemical Processing, August 2012.

In July, the California Department of Toxic Substances Control (DTSC) released proposed Safer Consumer Products regulations, the newest iteration of the much anticipated regulatory implementation of California's Green Chemistry Initiative. Below is a summary of the core elements of the proposed regulations -- chemicals of concern (COC), priority products (PP), alternative analysis (AA), and regulatory responses.

Lynn L. Bergeson, "White House Eyes Biobased Products," Chemical Processing, May 2012.

On April 26, 2012, the Obama Administration released its National Bioeconomy Blueprint, which is intended to provide a comprehensive approach to harnessing innovations in biological research to address national challenges in health, food, energy and the environment. In a related development, the U.S. Department of Agriculture (USDA) proposed on May 1, 2012, amendments to 7 C.F.R. Part 3201, Guidelines for Designating Biobased Products for Federal Procurement.

Lynn L. Bergeson, "EO Increases Procurement of Biobased Products," Pollution Engineering, May 2012.

The BioPreferred Program was established by the Farm Security and Rural Investment Act of 2002, as amended by the Food, Conservation and Energy Act of 2008. It is intended to increase federal procurement of biobased products, promote rural economic development, create new jobs, and provide new markets for farm commodities. The USDA manages the program.

Lynn L. Bergeson, "Dreaming No Longer:  California Issues Draft Safer Consumer Products Regulations," Environmental Quality Management, Spring 2012.

On October 31, 2011, the California Department of Toxic Substances Control (CDTSC) released an “informal draft” of its Safer Consumer Products Regulations. The draft does a good job of outlining how CDTSC intends to implement key mandates contained in the state’s Green Chemistry Initiative, which directs regulators to evaluate safer alternatives to chemicals that are believed to be toxic. This “Washington Watch” column summarizes key provisions of this precedent-setting, game-changing regulatory development.

Lynn L. Bergeson, "Predictions for EPA’s Office of Chemical Safety and Pollution Prevention," ABA Section of Environment, Energy, and Resources, Pesticides, Chemical Regulation, and Right-To-Know Committee Newsletter, February 2012.
Lynn L. Bergeson, "TSCA Reform:  Business Strategies in Times of Political Gridlock," CHEManager Europe, March 2012.

Most would agree that legislative reform of the U.S. Toxic Substances Control Act (TSCA) is long overdue. Few agree on what to change and how best to proceed. If you throw in the 2012 presidential election, you have gridlock. Commerce marches on, however, and with the Environmental Protection Agency reinventing TSCA implementation in innovative and effective ways, Reach setting the new global tone, and California creating a new template for sustainable consumer products, TSCA reform is at risk of becoming a distracting afterthought. Stakeholders must develop new strategies to survive and flourish in these fast-changing times.

Lynn L. Bergeson, co-author, "Practical Advice for Product Steward Professionals on Remaining Competent, Socially Aware, and Scientifically Proficient," BNA Daily Environment Report, January 6, 2012.

Consumer product manufacturers are challenged today as never before. Materials selection for consumer products invites a dizzying range of considerations: Are the chemicals hormone disruptors, carcinogens, or persistent, bioaccumulative, or toxic? What toxicogenomic biomarkers might make the product the next celebrity tort case? What labeling requirements apply? What are the implications of genetic variations among the demographic to which the product is to be marketed? These considerations, in turn, invite legal, marketing, and technical issues that go well beyond questions of core compliance with the law. What exactly is the professional's role? How are regional differences in regulatory standards, consumer perceptions, ingredient restrictions, and related factors to be addressed? Given the complexity of the global issues and the high stakes involved, what must a professional do to remain competent, socially aware, and scientifically proficient? This article explores these thorny questions, not to resolve them as much as to flag them, and urge professionals -- whether lawyers, product stewards, scientists, or others in the field -- to remain vigilant and as prepared as possible in recognizing the constantly shifting demands on professionals in this area.

Lynn L. Bergeson, "California’s New Safer Consumer Products Regulations," Pollution Engineering, January 2012.

On October 31, 2011, the California Department of Toxic Substances Control (DTSC) released an informal draft of their Safer Consumer Products Regulations (SCPR). The proposal came after the California Secretary for Environmental Protection instructed DTSC to stop issuing proposed regulations and to instead “take additional time to be responsive to the concerns raised and revisit the proposed regulations.”

Lynn L. Bergeson, "Selling Green: US FTC Releases Proposed Revisions to the ‘Green Guides’," Environmental Quality Management, Spring 2011.

After more than three years of discussion, research, review, and debate, the United States Federal Trade Commission (US FTC) released proposed revisions to its Guides for the Use of Environmental Marketing Claims (the “Green Guides”) in late 2010. The Green Guides provide FTC “guidance” on what is and is not appropriate in the ever-fluid area of environmental marketing. They are designed to help product marketers avoid making false and misleading environmental claims that might violate section 5 of the Federal Trade Commission (FTC) Act.

Lynn L. Bergeson, "Revisions to the ‘Green Guides’," Pollution Engineering, December 2010.

Early in October, the Federal Trade Commission (FTC) released important revisions to its Guides for the Use of Environmental Marketing Claims (Green Guides) to make them easier for companies to use and understand.

Lynn L. Bergeson, "Washington:  California Is Setting Precedent," Manufacturing Today, Fall 2010.

The California Department of Toxic Substances Control (DTSC) released on June 23, 2010, draft regulations implementing California’s precedent-setting and game-changing Green Chemistry Initiative. Manufacturers need to understand how this controversial regulatory program may operate, and why it will alter forever the way consumer products are designed and manufactured.

Lynn L. Bergeson, "Washington: Marketing Green," Manufacturing Today, September 2009.

The growth in green marketing is getting a lot of attention these days, especially from the Federal Trade Commission (FTC), the federal agency tasked with preventing unfair and deceptive trade practices. Mindful of potential false and misleading advertising, FTC has been revising its Guides for the Use of Environmental Marketing Claims, known as the “Green Guides.”

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