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Lynn L. Bergeson was quoted in “Pick Your Poison,” an article in the Summer 2015 Washington Monthly discussing Toxic Substances Control Act (TSCA) modernization. In the absence of appropriate federal protections, states have stepped into the breach, promulgating their own rules. Under current TSCA regulations, unless and until the EPA regulates a chemical, states can issue their own limits. Those that have done so include California, New York, Vermont, Washington,...
AUSTRALIA APVMA Seeks Stakeholder Input Into The User Of International Data, Assessments, Standards, And Decisions: The Australian Pesticides and Veterinary Medicines Authority (APVMA) began a public consultation on April 15, 2015, on the formation of its policy on the use of international data, assessments, standards, and decisions. APVMA developed criteria intended to indicate clearly how international data, standards, and assessments...
May 27, 2015
BNA Daily Environment Report Includes B&C Analysis in Article on TSCA Modernization Act
The May 27, 2015, Bloomberg BNA Daily Environment Report article “TSCA Modernization Act Introduced in House; Key Republicans, Democrats Back Legislation,” included quotes from the B&C and Acta analysis “TSCA Reform: Detailed Review of Representative Shimkus' Second Discussion Draft of TSCA Reform Legislation.” Time remains to address pragmatic implementation concerns in the House's “almost surgical” TSCA-reform bill as well as the more expansive Senate...
Bergeson & Campbell, P.C. (B&C®) is a proud supporter of the Sustainable Nanotechnology Organization (SNO) and we enthusiastically recommend that you consider joining and becoming part of the SNO family during the 2015 membership drive, running now through July 3, 2015. Lynn L. Bergeson, Managing Partner of B&C, has served on the Governance Board since SNO's founding in 2012. SNO's purpose is unique. It is the only organization devoted exclusively to...
May 20, 2015
TSCA Reform: Detailed Review of Representative Shimkus’ Second Discussion Draft of TSCA Reform Legislation
On May 12, 2015, Representative John Shimkus (R-IL), Chair of the House Energy and Commerce Subcommittee on Environment and the Economy, released a new (second) draft of the TSCA Modernization Act of 2015 (TMA2 DD). In April, Shimkus released an initial discussion draft of the TSCA Modernization Act of 2015 (TMA1); our memorandum on TMA1 is available online. In the previous Congress, Shimkus introduced first a discussion draft of the Chemicals in Commerce Act (CICA1), and then a...
Lynn L. Bergeson has once again been awarded a Band 1 ranking, the highest attainable, among Washington, D.C. environmental lawyers by Chambers USA Guide 2015. This is Ms. Bergeson's tenth consecutive year of being ranked by Chambers USA as one of the best lawyers in America. In the commentary accompanying her 2015 ranking, Chambers asserts "Lynn Bergeson of Bergeson & Campbell PC has developed an enviable reputation in the chemical regulation area and frequently advises on matters...
The U.S. Occupational Safety and Health Administration's (OSHA) Hazard Communication Standard (HCS) deadline of June 1, 2015, is fast approaching. Below is a brief summary of what is at stake, and what needs to be in place by the deadline. On March 26, 2012, OSHA issued a final rule modifying its HCS to conform to the United Nations' Globally Harmonized System of Classification and Labeling of Chemicals (GHS), Revision 3. In the final rule, OSHA drastically modified the...
On May 8, 2015, in El Comite Para El Bienestar De Earlimart v. EPA, a Panel of the U.S. Court of Appeals for the Ninth Circuit denied a petition for review filed by several groups that the court describes as “community organizations” who challenged the U.S. Environmental Protection Agency’s (EPA) 2012 approval of California State Implementation Plan (SIP) elements under the Clean Air Act (CAA), including its related approval of certain fumigant regulations. This...
May 14, 2015
TSCA Reform: House Subcommittee Holds Markup of Revised Draft TSCA Bill and Passes Amended Draft
On May 14, 2015, the House Energy and Commerce Subcommittee on Environment and the Economy held a markup of a revised discussion draft of the TSCA Modernization Act of 2015, prepared by Subcommittee Chair John Shimkus (R-IL) and released on May 12, 2015. The May 12, 2015, press release announcing the revised discussion draft and markup emphasizes the bipartisan nature of the bill, which is supported by Shimkus, Subcommittee Ranking Member Paul Tonko (D-NY), Committee Chair...
Background A new version of the Frank R. Lautenberg Chemical Safety for the 21st Century Act was considered for markup by the Senate Environment and Public Works (EPW) Committee on April 28, 2015. The revised version, which we identify here as Lautenberg2, includes changes that appear to be intended to address issues and concerns identified by Senators with the previous version of the bill (Lautenberg1). Our review of Lautenberg1 is available online. We reviewed the...