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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...
September 28, 2022
EC Opens Call for Evidence on a Proposal for a Basic Regulation for ECHA
On September 12, 2022, the European Commission (EC) opened a call for evidence on a proposal for a basic regulation for the European Chemicals Agency (ECHA). According to the EC, this initiative aims to strengthen ECHA governance and adapt it to its future role, as well as streamline the working methods of ECHA bodies and make their financing more sustainable. Responses are due October 10, 2022. The EC plans to adopt a regulation in the second quarter...
By Lynn L. Bergeson and Carla N. Hutton The European Chemicals Agency (ECHA) recently reminded only representatives (OR) that they must identify the non-European Union (EU) manufacturers that they represent and provide their contact information in REACH-IT by October 14, 2022. According to an April 24, 2022, news item, ORs must have a separate REACH-IT account for each non-EU manufacturer they represent and have...
September 19, 2022
Lynn L. Bergeson and Richard E. Engler, Ph.D. Quoted by Bloomberg in Article “Lanxess Agrees to Drop Case Over EPA’s Chemical Test Order”
On September 19, 2022, Bloomberg Law quoted Lynn L. Bergeson, President, The Acta Group (Acta®), and Richard E. Engler, Ph.D., Director of Chemistry, Acta, regarding a federal court's dismissal of Lanxess AG‘s petition asking to challenge an EPA order after the agency clarified that Lanxess and certain other chemical manufacturers wouldn’t be required to test chemicals they formerly made. Lynn Bergeson, managing partner of Bergeson & Campbell PC,...
On September 7, 2022, the Environmental Defense Fund (EDF) held a webinar to introduce a cumulative risk assessment (CRA) framework that takes into account multiple exposures to chemical and non-chemical stressors. Sarah Vogel, Senior Vice President for Health at EDF, moderated the webinar. According to Vogel, for decades, environmental justice leaders have documented disproportionate chemical exposures to disadvantaged communities. These chemical and social stressors (e.g.,...
September 9, 2022
Final Revision to the Risk Determination for PV29 Finds that PV29, as a Whole Chemical Substance, Presents an Unreasonable Risk to Human Health
On September 6, 2022, the U.S. Environmental Protection Agency (EPA) announced the availability of the final revision to the risk determination for the Colour Index Pigment Violet 29 (PV29) risk evaluation issued under the Toxic Substances Control Act (TSCA). 87 Fed. Reg. 54491. EPA states that the revision to the PV29 risk determination reflects its announced policy changes to ensure the public is protected from unreasonable risks from chemicals in a way that is supported by science and...