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Bergeson & Campbell, P.C. (B&C®) is pleased to announce that Managing Partner Lynn L. Bergeson has been awarded the highest ranking attainable, Band 1, in Chambers USA Guide 2019. This is Ms. Bergeson’s 14th year of being ranked by Chambers USA as one of the best lawyers in America. The commentary accompanying her 2019 Chambers ranking speaks of Ms. Bergeson’s “stellar reputation in the environment space,”and quotes clients as saying: “If you need advice in the...
On July 1, 2020, the Australian Industrial Chemicals Introduction Scheme (AICIS) will replace the National Industrial Chemicals Notification and Assessment Scheme (NICNAS). The Industrial Chemicals Act 2019, which was passed by Parliament in February 2019 and received Royal Assent in March 2019, created AICIS, a new regulatory scheme for the importation and manufacture of industrial chemicals in Australia. Currently, NICNAS assesses the risks of industrial chemicals and provides...
August 26, 2019
EPA Proposes to Designate 20 Chemical Substances as High-Priority Substances for Risk Evaluation under TSCA
The U.S. Environmental Protection Agency (EPA) published a Federal Register notice on August 23, 2019, proposing to designate 20 chemical substances as high-priority substances for risk evaluation under the Toxic Substances Control Act (TSCA). 84 Fed. Reg. 44300. The notice and supporting docket materials identify the proposed designation for each of the chemical substances and instructions on how to access the chemical-specific information, analysis, and basis used by EPA...
The concept of confidential business information (CBI) is sometimes considered at odds with the concept of the ‘right-to-know.’ When Congress amended the Toxic Substances Control Act (TSCA) in 2016 throughenactment oftheFrankR.LautenbergChemical Safety for the 21st Century Act (Lautenberg), it wasmindful ofthe public’s growing interestin knowing more about the identity of chemicals to which they may be exposed, but equally mindful of a business’ legitimate interest in protecting highly...
August 22, 2019
FTC’s Green Guides Apply to Claims Regarding the Environmental Benefits of Simulated and Laboratory-Created Diamonds
In April 2019, the Federal Trade Commission (FTC) sent warning letters to eight companies advertising simulated or laboratory-created diamonds. In a May 3, 2019, Business Blog item entitled “The many facets of advertising diamonds with clarity,” FTC states that according to the letters, the companies promoted their products without adequately disclosing that they were not mined diamonds. In the blog item, FTC posed questions to FTC attorney Robert Frisby regarding the...
August 19, 2019
EPA Begins Comment Period on Manufacturer Requests for Risk Evaluation of DIDP and DINP and Identifies Additional Conditions of Use
The U.S. Environmental Protection Agency (EPA) announced on August 16, 2019, that it has opened the public comment periods for manufacturer requests for the risk evaluations of two chemicals used in plastic production, diisodecyl phthalate (DIDP) and diisononyl phthalate (DINP). EPA notes that the manufacturer-requested risk evaluations of DIDP and DINP “are among the first such evaluations of this kind to be requested” under the Toxic Substances Control Act (TSCA). EPA states that it “is...
On August 13, 2019, the U.S. Environmental Protection Agency (EPA) released the list of 20 chemical substances that it proposes to designate as low-priority substances for which risk evaluation under the Toxic Substances Control Act (TSCA) is not warranted at this time. The pre-publication version of EPA’s proposed rule provides a summary of the approach used by EPA to support the proposed designations, the proposed designations for each of the chemical substances, and instructions...
The U.S. Environmental Protection Agency (EPA) released on August 9, 2019, the draft risk evaluation for 1-bromopropane (1-BP), the fourth of the first ten chemicals undergoing risk evaluation under the amended Toxic Substances Control Act (TSCA). The draft risk evaluation states that there could be unreasonable risks to workers, occupational non-users, consumers, and bystanders under certain conditions of use. EPA did not find unreasonable risk to the environment under any of the...
The U.S. Environmental Protection Agency (EPA) announced on August 1, 2019, that it is making additional information about new chemical notices available on its website. The new web page, “Statistics for the New Chemicals Review Program under TSCA,” allows users to view and search monthly updates for any active Premanufacture Notice (PMN), Significant New Use Notice (SNUN), and Microbial Commercial Activity Notice (MCAN) of interest by case number. Users can also download a...
July 31, 2019
EPA Posts NOA Form B Materials before TSCA Inventory Inactive Designations Take Effect August 5
The U.S. Environmental Protection Agency (EPA) published a Federal Register notice on May 15, 2019, announcing the availability of a signed action identifying chemical substances for inactive designation according to the Toxic Substances Control Act (TSCA) Inventory Notification (Active-Inactive) Requirements rule. 84 Fed. Reg. 21772. The signed action, dated May 6, 2019, initiated a 90-day period after which substances identified as inactive will be designated as inactive. Inactive...