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Lynn L. Bergeson was quoted in a Chemical Watch article on the chemical spill near Charleston, West Virginia: “The spill ‘provides a textbook example of what's wrong with [TSCA],’ says Lynn Bergeson of the law firm Bergeson and Campbell. ‘The paucity of information is the sticking point,’ she says, adding that public officials need access to more data than is currently available.”...
Lynn L. Bergeson was featured in a Chemical Watch article on the January 2014 chemical spill near Charleston, West Virginia, that also featured comments from California Congressman Henry A. Waxman, ranking member of the Committee on Energy and Commerce: “The spill ‘provides a textbook example of what's wrong with [TSCA],’ says Lynn Bergeson of the law firm Bergeson and Campbell. ‘The paucity of information is the sticking point,’ she says, adding that public...
The Acta Group (Acta) is pleased to announce that Gyöngyi (Pearl) Németh, M.Sc., has joined our firm as a regulatory specialist, based in our Manchester, U.K. office. A tri-lingual (English, German, Hungarian) with a Masters degree in Environmental Engineering and a post-graduate degree in Experimental Toxicology with emphasis on endocrine disruptor chemicals (EDC), Ms. Németh delivers considerable international experience solving complex regulatory registration, commercialization, and...
Lynn L. Bergeson was quoted in a BNA Daily Environment Report article on the outlook for 2014 regarding toxic substances: “Lynn Bergeson, managing partner of Bergeson & Campbell, P.C., said that while S. 1009 has some momentum, it also faces significant hurdles, including finding ways to address the most substantive challenges of state preemption, confidential business information claims and the safety standard that the EPA would use to evaluate all...
January 14, 2014
Lynn L. Bergeson Featured on NPR’s “All Things Considered” Coverage of Chemical Spill in West Virginia
Chemical lawyer and Toxic Substances Control Act (TSCA) expert Lynn L. Bergeson was featured Monday, January 13, 2014, on the National Public Radio (NPR) program "All Things Considered." In a story on the mysteries that persist around a chemical spill in the Elk River near Charleston, West Virginia, NPR reporter Elizabeth Shogren interviewed Ms. Bergeson, whose comments were included in the national radio broadcast and NPR's web version of the story: "'These incidents are very painful for the...
January 14, 2014
ALJ Decision Imposing Large Fine for TSCA Section 8(e) Penalty May Provide New Guidance on What Constitutes Corroborative Information under Section 8(e)
On November 12, 2013, the United States Environmental Protection Agency (EPA) released an Administrative Law Judge (ALJ) decision ordering Respondent Elementis Chromium Inc., f/k/a Elementis Chromium, LP (Elementis or Company), to pay a $2,571,800 civil penalty for violating Section 8(e) and Section 15(3)(B) of the Toxic Substances Control Act (TSCA). The decision is available online. Although the case is highly fact-specific, the decision, if upheld under any potential appeal, may be used...
The Acta Group (Acta) outlines below thoughts on what may be headed our way in 2014 from the U.S. Environmental Protection Agency's (EPA) Office of Chemical Safety and Pollution Prevention (OCSPP). We also offer a few thoughts on European and Asian developments pertinent to chemical regulatory matters. Although President Obama is well into his second term, the 2014 off-year elections, combined with the bitter partisan atmosphere in Washington, D.C., will result in a continuing use of...
Lynn L. Bergeson was quoted in BNA Daily Environment Report regarding EPA’s December 17, 2013, release of screening data on 1,800 chemicals through a new online tool known as the interactive Chemical Safety for Sustainability Dashboard. “Companies that make and use the chemicals are likely to be concerned about how and in what context the data is presented, said Lynn L. Bergeson, a partner with Bergeson & Campbell PC who counsels industry on chemical regulations....
December 9, 2013
ECHA Launches First Public Consultation on a New Active Substance under the Biocidal Products Regulation
In what may be a test case for the future of neonicotinoids, the first public consultation launched by the European Chemicals Agency (ECHA) for a new active substance under the 2013 Biocidal Products Regulation (BPR) will address dinotefuran (CAS Number 165252-70-0), a neonicotinoid insecticide. According to ECHA's November 29, 2013, announcement, dinotefuran will be considered as a candidate for substitution under criteria set out in Article 10 of the BPR that are based on the intrinsic...
AUSTRALIA Australia Seeks Comment On Sixth Tranche Of IMAP Assessments: The National Industrial Chemicals Notification and Assessment Scheme (NICNAS) has published for public comment the sixth tranche of human health and environmental assessments for chemicals identified as part of the Stage One implementation of the Inventory Multi-Tiered Assessment and Prioritization (IMAP) Framework. NICNAS requests comments where information that has the...