All Knowledge & Insights By Date

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...

Bergeson & Campbell, P.C. (B&C®) is pleased to present “Loper Bright: Has the Demise of Chevron Deference Mattered?,” a complimentary webinar reviewing changes to Toxic Substances Control Act (TSCA) determinations in light of Loper Bright. The U.S. Supreme Court’s June 2024 decision in Loper Bright Enterprises v. Raimondo offered a new response to a long-standing question under administrative law: if an agency and a reviewing court’s interpretations of a federal statute...

On July 19, 2024, comments by Lynn L. Bergeson were featured in Chemical Processing’s article on what the Supreme Court ruling that overturned the landmark 1984 decision in Chevron v. Natural Resources Defense Council (NRDC) means for the chemical industry. But not all influence is lost, according to Lynn Bergeson, Chemical Processing’s compliance columnist and managing director at Bergeson & Campbell. She and co-author Kelly N. Garson address several questions...

On July 9, 2024, comments by Lynn L. Bergeson were featured in Bloomberg Law’s article on the Supreme Court's decision in Loper Bright Enters. v. Raimondo, overturning the 40-year-old Chevron doctrine. Post-Chevron litigation will be interesting, said Lynn Bergeson, managing partner for Bergeson & Campbell PC, which helps companies navigate chemical regulations. “Challengers have a higher potential success on the merits of their arguments.” “We might get favorable...

On July 3, 2024, comments by Lynn L. Bergeson were featured in Chemical Watch's article on the US Supreme Court's decision to overturn a 40-year-old legal precedent that directed courts to defer to reasonable agency interpretations of the law, throwing into question the authority of agencies like the EPA to craft and defend certain regulations. "This may be a case of be careful what you wish for," said Lynn Bergeson, managing partner at Bergeson & Campbell. "Chemical laws like TSCA are...

On May 28, 2024, comments by Lynn L. Bergeson were featured in Bloomberg Law's article on legal challenges to the U.S. Environmental Protection Agency's (EPA) interpretation of the Toxic Substances Control Act (TSCA). Parties also may challenge the EPA’s decisions about “reasonably foreseen” uses of chemicals, said Fischer and Lynn Bergeson, managing partner of Bergeson & Campbell PC, which specializes in domestic and international chemical laws. Amended TSCA requires the EPA to...