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On October 18, 2022, the U.S. Environmental Protection Agency’s (EPA) New Chemicals Program held a webinar on EPA’s process for assessing the potential risks of new chemicals under Section 5 of the Toxic Substances Control Act (TSCA) and the types of data EPA considers in this assessment. Specifically, the webinar covered examples of data (quantitative and qualitative) that are not likely to be accepted for engineering assessment, considerations EPA makes when evaluating data, and...
October 19, 2022
IBA Agricultural Law Section to Present Sustainability Focus Session “Sustainable Investment in Agriculture — The Role Lawyers Play” at Annual Conference
The International Bar Association (IBA) Annual Conference in Miami, Florida, brings together lawyers from over 130 jurisdictions and all parts of the legal profession, including lawyers in private practice, in-house counsel, human rights advocates, judges, bar leaders, regulators, and government representatives. Lynn L. Bergeson and Nusrat Hassan co-chair IBA’s Agricultural Law Section (ALS). Hassan and others from the ALS will present the Sustainability Focus session “Sustainable...
The European Chemicals Agency (ECHA) has received restriction proposals for: 4,4'-isopropylidenediphenol (bisphenol A) and other bisphenols and bisphenol derivatives with endocrine disrupting properties for the environment, prepared by the German authority. The proposal would restrict the use as an additive and the content in articles (0.02 percent by weight); restrict content of residues (unreacted monomer) in articles and for imported goods (0.02 percent by weight); restrict the use of...
October 11, 2022
EPA Announces Initiative to Bring to Market New Chemicals Used in Electric Vehicle, Semiconductor, and Clean Energy Sectors
The U.S. Environmental Protection Agency (EPA) announced on October 5, 2022, a new effort under the Toxic Substances Control Act (TSCA) to implement a streamlined and more efficient process under the New Chemicals Program to assess risk and apply mitigation measures, as appropriate, for new chemicals with applications in batteries, electric vehicles, semiconductors, and renewable energy generation. The new process is for mixed metal oxides (MMO), including new and modified...
October 5, 2022
Lynn L. Bergeson Quoted by Bloomberg Law in Article “Quicker EPA Review Offered for New Energy-Use Chemicals”
On October 5, 2022, Bloomberg Law quoted Lynn L. Bergeson, President, The Acta Group (Acta®), regarding the U.S. Environmental Protection Agency's (EPA) announcement of a streamlined risk review of new chemicals that can be used for electric vehicle batteries, semiconductors, and renewable energy to determine whether they can be produced in the US. The new approach is a welcome addition to the mix of new approaches the EPA is using to expedite...
WEBINAR -- Register Now For “Environmental, Social, And Governance Issues: A Business Imperative,” October 11, 2022, 12:00 p.m. - 1:00 p.m. (EDT): Environmental, Social, and Governance (ESG) performance is more than an aspiration, and realizing it in real time is not easy. A well-designed ESG strategy can achieve meaningful improvements in corporate performance and provide real value to stakeholders through specific commitments to corporate responsibility. Any...
October 1, 2022
Lynn L. Bergeson, “Toxics Regulation: A Brave New World Catching Many Off Guard,” PLI Current, Vol. 6 (2022).
Given the passage of time since the Toxic Substances Control Act (TSCA) was enacted in 1976, the public’s growing awareness of the potential for exposure from chemicals in “articles,” or finished goods, during use, and greater focus on the implications of end-of-life product disposal, the U.S. Environmental Protection Agency’s (EPA) regulation of articles under TSCA has shifted significantly. Historically, EPA elected not to regulate articles for the most part. EPA’s more recent...
October 1, 2022
Lynn L. Bergeson, “Due diligence in mergers and acquisitions involving chemical products,” Financier Worldwide, October 2022.
The scope of what diligence is due in any corporate transaction has evolved greatly over the past decade, particularly with respect to transactions involving chemical products. Once upon a time, transactional due diligence involving chemical products, whether ‘neat’ (pure) chemicals, formulations or end-use products, typically consisted of a phase I or phase II environmental site assessment (ESA) focusing on identifying contamination derivative of chemical releases into environmental media...
September 29, 2022
EC Begins Public Consultation on Draft CLP Amendment Concerning New Hazard Classes for Endocrine Disruptors, PBTs, vPvBs, PMTs, and vPvMs
On September 20, 2022, the European Commission (EC) began a public consultation on a draft delegated regulation that would amend Regulation (EC) No 1272/2008 on classification, labelling and packaging of substances and mixtures (CLP) to add new hazard classes and their criteria. CLP would be amended to include hazard classes and criteria for: Endocrine disruptors; Substances and mixtures with persistent, bioaccumulative, and toxic (PBT) properties; Substances and mixtures with very persistent,...
On September 20, 2022, the European Commission (EC) began a public consultation on a draft act that would introduce new hazard classes as part of its revision to Regulation (EC) No 1272/2008 on the Classification, Labeling, and Packaging of Substances and Mixtures (CLP). Hazard classes and criteria would be added for endocrine disruptors and substances that are persistent, bioaccumulative, and toxic (PBT), very persistent and very bioaccumulative (vPvB), persistent, mobile, and toxic...