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May 3, 2018

Chemical Watch Quotes Lynn L. Bergeson Regarding NRDC Brief Challenging EPA’s TSCA New Chemicals Framework Document

The ACTA Group

On May 3, 2018, text from the March 2018 Global Business Briefing “New TSCA inspires new litigation” written by Lynn L. Bergeson, President, The Acta Group (Acta®), was quoted in the Chemical Watch article “NRDC files opening brief in TSCA new chemicals litigation.”

Lynn Bergeson, managing partner at law firm Bergeson & Campbell, wrote in Chemical Watch’s Global Business Briefing earlier this year that NRDC’s legal challenge may well be dismissed on procedural grounds.

“The draft framework document is just that – a draft, conceptual framework outlining the EPA’s approach to new chemical review – not a rule amenable to appeal of final agency action,” Ms Bergeson wrote.

But the brief argues that it “makes no difference that EPA has described the framework [document] as a ‘working approach’ that it ‘expects to evolve'”.

The approach “is a substantive rule that directs the scope of EPA’s review of pre-manufacture notices and the circumstances under which the agency will take regulatory actions”. As such, it says, it is suitable for judicial review under the Administrative Procedures Act (APA).

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