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April 26, 2019

Lynn L. Bergeson Quoted by Bloomberg Environment in Article “Chemical Rule Sent Back to EPA on Trade Secret Concerns”

The ACTA Group

On April 26, 2019, Bloomberg Environment quoted Lynn L. Bergeson, President, The Acta Group (Acta®), regarding a U.S. Court of Appeals for the District of Columbia Circuit ruling that a U.S. Environmental Protection Agency (EPA) rule failed to require chemical manufacturers to sufficiently prove that they have protected their chemical’s secret identity from discovery through reverse engineering.

The requirement for companies to substantiate their claims that they have taken steps to prevent their chemicals’ discovery through reverse engineering seems appropriate, said Lynn L. Bergeson, managing partner of Bergeson & Campbell PC.

“The requirement is statutory and EPA’s excision exercise was overzealous. Absent a coherent explanation why it did what it did, understandably the court determined EPA crossed the line between reasonable and arbitrary,” Bergeson said.

“The remand is narrow, however, and EPA won a big victory,” Bergeson said. 

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