Richard E. Engler, Ph.D., Quoted in Bloomberg Law Article “EPA Releases List of Confidential Business Claims Expiring Soon”
On April 23, 2026, comments by Richard E. Engler, Ph.D. were featured in Bloomberg Law’s article regarding the U.S. Environmental Protection Agency’s (EPA) release of a list of confidential business information (CBI) claims that will expire between June 22 and July 31.
If previously claimed confidential information no longer needs to be protected, companies may choose to let the agency make it public, said Richard Engler, director of chemistry at Bergeson & Campbell PC, during a recent webinar on CBI. “It may be that it’s too much of a hassle to protect.”
But if the information still needs to be protected, the CBI renewal offers companies a chance to strengthen their earlier substantiation, he said. Ten years ago, right after TSCA was amended, companies and EPA were figuring out how to justify their need for CBI—”no one knew how to do it,” Engler said.
Since then, the EPA released guidance on substantiating CBI claims, and companies have gained experience, he said. A failure to resubstantiate a CBI claim can result in confidential and sensitive business information becoming public, Engler said.
“Once public, that information is no longer eligible for CBI protection,” he said. “You can’t put the toothpaste back in the tube.”
See – https://news.bloomberglaw.com/environment-and-energy/epa-releases-list-of-confidential-business-claims-expiring-soon (subscription required)
B&C’s “TSCA CBI Re-substantiation: When, Why, and How to Prepare” webinar, now available as an on-demand recording, features Richard E. Engler, Ph.D., Director of Chemistry, B&C; Ryan N. Schmit, Of Counsel, B&C; and Lynn L. Bergeson, Managing Partner, B&C, discussing EPA’s implementation efforts of CBI expiration to date and the significant implications these provisions will have on the regulated community moving forward. Watch now: