All Things Chemical
All Things Chemical is a podcast produced by Bergeson & Campbell, P.C. (B&C®), a Washington D.C. law firm focusing on chemical law, business, and litigation matters. All Things Chemical is hosted by Lynn L. Bergeson, managing partner of B&C. In each episode, we bring you intelligent, insightful, and engaging conversation about everything related to industrial, pesticidal, and specialty chemicals, as well as the law and business issues surrounding chemicals. Our incredibly talented team of lawyers, scientists, and consultants keep you abreast of the changing world of both domestic and international chemical regulation and provide analysis of the m...
Thu, April 24, 2025
Chemical Law and Policy — A Conversation with Karyn Schmidt
This week I had the pleasure of speaking with Karyn Schmidt , now a principal at Squire Patton Boggs in its Public Policy practice, after spending 25 years at the American Chemistry Council (ACC). For the many members in the chemical community who know Karyn, her deep understanding of chemical law and policy will serve the firm’s clients well. We discuss Karyn’s transition to private practice, her work at ACC, and Karyn’s thoughts on what is in store for chemical stakeholders now and the foreseeable future. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2025 Bergeson & Campbell, P.C. All Rights Reserved
Thu, April 10, 2025
REACH and GHS in Latin America — A Conversation with Melissa Owen
This week I had the pleasure of speaking with Melissa Owen , attorney/owner of Ambiente Legal, about the significant regulatory developments regarding chemical registration in Latin America, including Latin American Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) initiatives and the Globally Harmonized System of Classification and Labeling of Chemicals (GHS). We discuss Brazil REACH, which requires by law the government to have an implementing regulation issued by May 2025, Colombia REACH, also subject to a fast-approaching May 2025 deadline, and other Latin American REACH and GHS deadlines. We also discuss the August 2025 deadline in Chile for the notification of chemicals included in professional and consumer products, and much more regarding developments in countries south of our border. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2025 Bergeson & Campbell, P.C. All Rights Reserved
Thu, March 27, 2025
CLP Changes And What They Mean For Commercial Operations — A Conversation with Karin Baron and Lioba Oerter
This week I had the pleasure of speaking with Lioba Oerter, Director of Expert Services, 3E Expert Service Processing Centre (ESPC), and Karin F. Baron, Director of Hazard Communication and International Registration Strategy at B&C and our consulting affiliate, The Acta Group, about the significant changes to product classification, labeling, and packaging (CLP) in the European Union (EU). Lioba and I shared a podium recently and found we also have a shared belief that these forthcoming CLP changes will have a profound commercial impact on product classification, labeling, and packaging globally and that with everything going on in the world these days, this impact may be a bit underappreciated. Karin and I spoke about these matters last year, and I welcomed an opportunity to consider them again with Karin and Lioba in light of the new CLP developments as of December 2024. Karin, Lioba, and I discuss the CLP changes, including those recently made, why they came to be, what they mean for commercial operations, and conclude with some tips on staying ahead of this coming storm. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2025 Bergeson & Campbell, P.C. All Rights Reserved
Thu, March 13, 2025
Chemical Product Law and Supply Chain Stewardship: A Guide to New TSCA — A Conversation with Richard E. Engler, Ph.D. and Kelly N. Garson
This week, I discuss with my colleagues, Dr. Richard E. Engler , Director of Chemistry for B&C and The Acta Group (Acta ® ), our consulting affiliate, and Kelly N. Garson , Senior Associate for B&C and Acta, our recently released book, titled Chemical Product Law and Supply Chain Stewardship: A Guide to New TSCA, published by the American Bar Association. As listeners know, as a law firm and consulting firm, we do a lot of work under the Toxic Substances Control Act (TSCA) and have gained a significant amount of hands-on practical knowledge about the law, the 2016 Lautenberg Chemical Safety for the 21 st Century Act amendments to it, and the transformative impact these amendments have had on business transactions. We set out a year or so ago to write a book that explains TSCA through a business transactions lens. Of course, we explain the law, but we really write as business counselors to enable the regulated community -- importers, chemical producers, finished product manufacturers, distributors, and chemical users -- to be TSCA aware. The law has become, whether you like it or not, an important factor in virtually every business decision. My conversation today with Kelly and Rich focuses on several of their chapters in the book, and they explain how they approached writing a book about a law from the perspective of the business community. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2025 Bergeson & Campbell, P.C. All Rights Reserved
Thu, February 27, 2025
TSCA Developments — A Conversation with Richard E. Engler, Ph.D.
This week, I discuss Toxic Substances Control Act (TSCA) developments with my colleague, Dr. Richard E. Engler , Director of Chemistry for B&C and The Acta Group (Acta ® ), our consulting affiliate. The U.S. Environmental Protection Agency’s (EPA) implementation of the 2016 Frank R. Lautenberg Chemical Safety for the 21 st Century Act amendments has been a dynamic, evolving, and unpredictable work in progress for almost nine years. Given the new Administration, we are at a most uncertain time because of the lack of clarity regarding what the new leaders at the Office of Chemical Safety and Pollution Prevention (OCSPP) will do to address new chemical review concerns, risk evaluation under TSCA Section 6, and risk management actions resulting from those evaluations. As listeners know, all final risk management rules are being challenged and the disposition of those cases is the subject of considerable speculation. So also is OCSPP’s consideration of not yet final risk evaluations and how the new Administration intends to interpret TSCA Section 6 in general. There are growing calls for legislative action to remedy some of Lautenberg’s deficits, particularly in the area of new chemicals, another important variable that is destabilizing the status quo. Rich and I discuss these topics and many others. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2025 Bergeson & Campbell, P.C. All Rights Reserved
Thu, February 06, 2025
The New Administration and Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Developments — A Conversation with Jim Aidala
This week, I sat down with Jim Aidala , Senior Government Affairs Consultant at B&C and its consulting affiliate, The Acta Group (Acta ® ), to discuss the early days of the new Administration, what changes we can expect at the U.S. Environmental Protection Agency (EPA) generally, and key issues the Office of Pesticide Programs (OPP) can be expected to tackle. Jim’s unique perspective as a former Assistant Administrator of what is now called the Office of Chemical Safety and Pollution Prevention (OCSPP) and keen understanding of the pesticide world always make for a wonderful and insightful conversation. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2025 Bergeson & Campbell, P.C. All Rights Reserved
Thu, January 23, 2025
What to Expect from The 119th Congress — A Conversation with Mark Washko
This week I discuss with my colleague, Mark Washko , Senior Government Affairs Advisor for B&C and The Acta Group, our consulting affiliate, the new 119th Congress and what might be key legislative actions our listeners should look for. The new Congress reflects many new members, new staffs, and a new Republican majority in both chambers. What can we expect? Will Congressional Review Act measures un-do key Biden initiatives? What might we expect in terms of a budget reconciliation package? These issues and a whole lot more are the subject of my conversation with Mark. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2025 Bergeson & Campbell, P.C. All Rights Reserved
Thu, December 19, 2024
EPA Final Rule — A Conversation with Richard E. Engler, Ph.D.
Recognizing it has much to do and little time to complete its tasks, the Office of Pollution Prevention and Toxics (OPPT) has been issuing final rules at a fast and furious rate since the election last month. This week, I discuss OPPT’s to-do list with my colleague, Dr. Richard E. Engler , Director of Chemistry for B&C and The Acta Group (Acta ® ), our consulting affiliate. In addition to multiple final Section 6 risk management rules, the U.S. Environmental Protection Agency (EPA) has also issued final revisions to its new chemicals review process and a Section 8(d) rule. We conclude with Rich’s thoughts on OPPT in 2025. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2024 Bergeson & Campbell, P.C. All Rights Reserved
Tue, November 26, 2024
Election Outcome — A Conversation with James V. Aidala and Mark J. Washko
This week, I sat down with our two government affairs experts, Jim Aidala and Mark Washko , to get their take on the very eventful past two weeks and seek their thoughts on what 2025 might look like legislatively and at the U.S. Environmental Protection Agency (EPA) administratively. With the Republican trifecta and some surprising Cabinet and EPA-designate picks, we have much to discuss. We cover the election results, the transition period between now and Inauguration Day, and then speculate on the remainder of 2025, a year that promises to be like no other. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2024 Bergeson & Campbell, P.C. All Rights Reserved
Thu, November 14, 2024
GLP Case Studies/Lessons Learned — A Conversation with Lara Hall
This week, I welcomed to the studio Lara Hall , Senior Regulatory Scientist/Quality Assurance Specialist at B&C and our consulting affiliate, The Acta Group (Acta®), to discuss a few of the many critical issues associated with chemical testing. Chemical testing is undertaken for lots of reasons: government mandate; product stewardship; and product defense and support, to name a few. What is under-appreciated is the importance of the standards that apply under Good Laboratory Practices (GLP), the expertise needed to address novel testing approaches that deviate from GLP, how to manage requests from regulators that may not align with GLP requirements, and many other scenarios that require the expertise of highly trained and experienced testing experts. In our conversation, Lara shares with our listeners just a few of her many testing experiences that have made Lara the consummate testing expert that she is. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2024 Bergeson & Campbell, P.C. All Rights Reserved
Thu, October 31, 2024
A Conversation with Deputy Commissioner Jim Jones
This week I had the pleasure of speaking with U.S. Food and Drug Administration (FDA) Deputy Commissioner for Human Foods, Jim Jones , about all the amazing initiatives Jim is overseeing as the first FDA Deputy Commissioner for Human Foods. Many of us in the chemical community know Jim and his extraordinary career at the U.S. Environmental Protection Agency (EPA) leading both the EPA pesticides and toxics program offices, culminating his EPA career as Assistant Administrator for Toxics in the Obama Administration. Jim’s keen understanding of the administrative, chemical prioritization, risk evaluation, and risk management processes makes him uniquely well suited to lead the Human Foods office at FDA and implement successfully the new Human Foods organizational structure and achieve the office’s ambitious goals. We discuss the Human Foods’ priorities and new organizational structure, the recently released proposed systematic post-market review process on which FDA seeks comments, how Jim intends to tackle the many challenges FDA faces with regard to food chemicals, contaminants, and food additives, and much more. Evaluating FDA Human Foods and Tobacco Programs, Before the Subcommittee on Health Committee on Energy and Commerce , 118th Cong. (2024) (statement of Jim Jones, Deputy Commissioner for Human Foods - Food and Drug Administration). FDA, Discussion Paper: Development of an Enhanced Systematic Process for the FDA’s Post-Market Assessment of Chemicals in Food , (Aug. 2024). FDA, Development of an Enhanced Systematic Process for the Food and Drug Administration's Post-Market Assessment of Chemicals in Food; Public Meeting; Request for Comments ,” 89 Fed. Reg. 65633, (Aug. 12, 2024). ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2024 Bergeson & Campbell, P.C. All Rights Reserved
Thu, October 17, 2024
A Conversation with Linda Reinstein, President and Cofounder of the Asbestos Disease Awareness Organization (ADAO)
This week I had the pleasure of speaking with Linda Reinstein , President and Cofounder of the Asbestos Disease Awareness Organization (ADAO), about her many years of asbestos disease awareness advocacy. Having lost her husband, Alan, to mesothelioma two decades ago, Linda set out to educate others about the diseases associated with asbestos exposure. Her story is one of grit, perseverance, and devotion. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2024 Bergeson & Campbell, P.C. All Rights Reserved
Thu, October 03, 2024
TSCA Reform: Eight Years Later — Panel 4: Shaping the Agenda, Section 21 Citizens’ Petitions and Other Mechanisms Influencing Priority Setting
On June 26, 2024, B&C, along with the Environmental Law Institute and the George Washington University Milken Institute of Public Health, sponsored the all-day virtual conference, TSCA Reform — Eight Years Later . The quality of the discussion, the caliber of the participants, and the timeliness of the content motivated us to repurpose the substantive sessions. B&C and ELI are pleased to co-sponsor this episode of All Things Chemical® to enable our podcast audience to listen to these sessions. Lynn L. Bergeson moderated Panel 4: Shaping the Agenda: Section 21 Citizens’ Petitions and Other Mechanisms Influencing Priority Setting. The panelists included Ryan J. Carra, Ph.D., Principal, Beveridge & Diamond, P.C.; Michael Connett, Partner, Siri & Glimstad LLP; Thomas Groeneveld, Senior Advisor, Existing Chemicals Risk Management Division, EPA; and Robert M. Sussman, Principal, Sussman & Associates. Citizens’ petitions under TSCA Section 21 are increasingly playing a prominent and evolving role in influencing EPA’s policy and regulatory priorities. Other mechanisms are also being used to revisit EPA’s priorities. The panel discussed the utility of these mechanisms, how they are impacting EPA’s regulatory agenda, and other opportunities for citizen engagement. The panel commented on the implications of EPA’s decision to grant a TSCA Section 21 petition to address only a single condition of use (COU) of the chemical N-(1,3-Dimethylbutyl)-N′-phenyl-p-phenylenediamine (6PPD). More information on the petition to address 6PPD in tires is available in our November 3, 2023, blog item . ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2024 Bergeson & Campbell, P.C. All Rights Reserved
Thu, September 26, 2024
TSCA Reform: Eight Years Later — Panel 3: New Chemical Review
On June 26, 2024, B&C, along with the Environmental Law Institute and the George Washington University Milken Institute of Public Health, sponsored the all-day virtual conference, TSCA Reform — Eight Years Later . The quality of the discussion, the caliber of the participants, and the timeliness of the content motivated us to repurpose the substantive sessions. B&C and ELI are pleased to co-sponsor this episode of All Things Chemical® to enable our podcast audience to listen to these sessions. Samantha Liskow, Lead Counsel, Health Program, EDF, moderated Panel 3: New Chemical Review. The panelists included Shari Barash, Director, NCD, OPPT, EPA; Kyla Bennett, Ph.D., Director, Public Employees for Environmental Responsibility (PEER); Kerry Coy, Product Regulation Specialist, BASF Corporation; Richard E. Engler, Ph.D., Director of Chemistry, B&C; and Daniel Rosenberg, Senior Attorney, Environmental Health, Natural Resources Defense Council (NRDC). The panelists discussed the latest updates to EPA’s new chemical review process, whether challenges are being addressed and how, whether review times are being diminished, scientific integrity, and best available science. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2024 Bergeson & Campbell, P.C. All Rights Reserved
Thu, September 19, 2024
TSCA Reform: Eight Years Later — Panel 2: Risk Evaluation and the Supporting Role Sections 4 and 8 Play
On June 26, 2024, B&C, along with the Environmental Law Institute and the George Washington University Milken Institute of Public Health, sponsored the all-day virtual conference, TSCA Reform — Eight Years Later . The quality of the discussion, the caliber of the participants, and the timeliness of the content motivated us to repurpose the substantive sessions. B&C and ELI are pleased to co-sponsor this episode of All Things Chemical® to enable our podcast audience to listen to these sessions. Maria J. Doa, Ph.D., Senior Director, Chemicals Policy, Environmental Defense Fund (EDF), moderated Panel 2: Risk Evaluation and the Supporting Role Sections 4 and 8 Play. The panelists included David B. Fischer, Counsel, Keller and Heckman LLP; Jeffery T. Morris, Ph.D., Director, Existing Chemicals Risk Assessment Division, Office of Pollution Prevention and Toxics (OPPT), EPA; Katherine O’Brien, Senior Attorney, Toxic Exposure and Health Program, Earthjustice; Judah Prero, Counsel, Arnold & Porter; and Tracey Woodruff, Ph.D., Professor and Director, University of California, San Francisco, Program on Reproductive Health and the Environment. The panel considered EPA’s revised chemical prioritization and risk evaluation processes; the role and extent of peer review; and the utility and timing of Section 4 test rules. More information on EPA’s final 2024 rule amending the risk evaluation framework rule is available in our May 14, 2024, memorandum . ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2024 Bergeson & Campbell, P.C. All Rights Reserved
Thu, September 12, 2024
TSCA Reform: Eight Years Later — Panel 1: Risk Management
On June 26, 2024, B&C, along with the Environmental Law Institute and the George Washington University Milken Institute of Public Health, sponsored the all-day virtual conference, TSCA Reform — Eight Years Later . The quality of the discussion, the caliber of the participants, and the timeliness of the content motivated us to repurpose the substantive sessions. B&C and ELI are pleased to co-sponsor this episode of All Things Chemical® to enable our podcast audience to listen to these sessions. Karyn M. Schmidt, Senior Director, Regulatory & Scientific Affairs, American Chemistry Council, moderated Panel 1: Risk Management. The panelists included MaryAnn Hoff, Global Director Advocacy, EHS & Product Stewardship, PPG; Jonathan Kalmuss-Katz, Supervising Senior Attorney, Earthjustice; Eileen Murphy, Ph.D., Director, Existing Chemicals Risk Management Division, EPA; and Meredith Williams, Director, California Department of Toxic Substances Control. The panel discussed how EPA defines the “extent necessary” to control unreasonable risks and under what circumstances EPA will not seek to ban a chemical use, as well as EPA’s final asbestos, methylene chloride, and proposed N-methylpyrrolidone (NMP) risk management rules. More information on the risk management rules is available in our March 28, 2024, memorandum (asbestos), May 17, 2024, memorandum (methylene chloride), and June 21, 2024, memorandum (NMP). ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2024 Bergeson & Campbell, P.C. All Rights Reserved
Thu, August 29, 2024
Why are TSCA Citizen Petitions Filed? — A Conversation with Michael Connett
This week I had the pleasure of speaking with Michael Connett , Partner with Siri & Glimstad, LLP to discuss his epic litigation representing Food & Water Watch, a non-profit consumer organization that sued EPA over the fluoridation of drinking water. This issue has a long and complicated administrative and litigation history, and Michael and his firm are actively engaged in a groundbreaking federal litigation based on a judicial appeal of a denied Toxic Substances Control Act (TSCA) Section 21 citizen petition. Michael concluded a bench trial earlier this year in federal district court in the Northern District of California. The case is fascinating and much watched. We discuss the case, why TSCA citizen petitions in general are filed, Michael’s thoughts on how to prepare petitions to maximize their success (as most are denied), and other means of citizen engagement under TSCA. Resources: TSCA Section 21 Petition Trends Pre- and Post-Lautenberg TSCA Reform – Eight Years Later ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2024 Bergeson & Campbell, P.C. All Rights Reserved
Thu, August 15, 2024
Canada Proposes Exclusion of Fluoropolymers from PFAS — A Conversation with W. Scott Thurlow
This week I had the pleasure of speaking with W. Scott Thurlow with Thurlow Law & Public Affairs, headquartered Ottawa, Ontario, about Canada’s most recent updated draft report on the state of per- and polyfluoroalkyl substances (PFAS). The updated draft report defines PFAS to exclude fluoropolymers, an issue in which Scott and his firm are deeply engaged. We discuss the draft report, Canada’s approach to the regulation of PFAS, and Scott’s practice as a Canadian lawyer and public affairs specialist. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2024 Bergeson & Campbell, P.C. All Rights Reserved
Thu, August 01, 2024
Sponsor’s Role in Regulatory Testing — A Conversation with Lara Hall
This week, I welcomed to the studio Lara Hall , Senior Regulatory Scientist/Quality Assurance Specialist at B&C and our consulting affiliate, The Acta Group, to discuss the critical importance of understanding the role of the study sponsor. As our listeners know, chemical data -- testing results, chemical studies, exposure information, environmental fate and monitoring data, to name a few -- are the new currency in the chemical community. These data are incredibly valuable, often proprietary, and increasingly used both to support chemical applications and to rebut allegations of adverse consequences resulting from chemical exposure. How these data are developed, who serves as study sponsor, how the sponsor interacts with the study monitor, laboratory, and others are significant issues and subject to Good Laboratory Practice (GLP) standards. Lara and I discuss GLP and the rights, duties, and obligations of all the actors involved in chemical testing and offer some tips and insights in managing this increasingly complicated space. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2024 Bergeson & Campbell, P.C. All Rights Reserved
Thu, July 18, 2024
HCS 2024 — A Conversation with Karin F. Baron
This week, I welcomed back to the studio Karin F. Baron , Director of Hazard Communication and International Registration Strategy at B&C and our consulting affiliate, The Acta Group. And none too soon. Just when you were giving up hope in tackling the monster final Hazard Communication Standard rule issued on May 20, you realized Karin and I are devoting an entire podcast to the final rule! As many of you know, Karin is second to none when it comes to hazard communication, GHS, and related domestic and international hazard standards and communicating hazards to global stakeholders. There is no one better suited to discuss the final rule, what in the rule makes us happy, what remains a concern, and how best to read and digest the more than 300 pages of new hazard communication provisions. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2024 Bergeson & Campbell, P.C. All Rights Reserved
Thu, June 20, 2024
Perspectives from OPP to OPPT — A Conversation with Elissa Reaves, Ph.D.
This week, I had the pleasure of speaking with Elissa Reaves, Ph.D., Director, Office of Pollution Prevention and Toxics (OPPT) at the U.S. Environmental Protection Agency (EPA), to discuss Dr. Reaves’ recent ascent to this position, her approach to office management, her priorities and goals for OPPT, and some interesting comparisons and contrasts with Dr. Reaves’ former stomping ground, EPA’s Office of Pesticide Programs (OPP). ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2024 Bergeson & Campbell, P.C. All Rights Reserved
Thu, June 06, 2024
What is Green Chemistry? — A Conversation with Joel A. Tickner, Ph.D.
This week I had the pleasure of speaking with Joel A. Tickner, Ph.D ., Professor, Department of Public Health, University of Massachusetts Lowell, and Executive Director of Change Chemistry, to discuss green chemistry and Joel’s important work at Change Chemistry. We all appreciate that chemicals are essential to society. Green chemistry is all about engineering chemicals to diminish their adverse impacts and ensure chemicals, materials, and products are safe, efficacious, and sustainable. We discuss Joel’s pioneering work in this field, his leadership of Change Chemistry, implementation of the Sustainable Chemistry Research and Development (R&D) Act of 2019, and EPA’s implementation of amendments to the Toxic Substances Control Act (TSCA) addressing new chemical review, and much more. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2024 Bergeson & Campbell, P.C. All Rights Reserved
Thu, May 23, 2024
The Importance of Government Affairs Engagement — A Conversation with Mark Washko
This week I discuss with my colleague, Mark Washko , Senior Government Affairs Advisor for B&C and The Acta Group, our consulting affiliate, the importance of government affairs engagement in the current political environment. Mark recently joined us, having spent 16 years as Head of Federal Government Affairs for BASF Corporation here in Washington, D.C. Mark has significant experience in engaging with Congressional staff and Members to ensure his clients’ interests are well served. We discuss a few specific examples of how government affairs engagement has helped, Lautenberg and his work on new chemicals, and how best to prepare for the coming November elections. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2024 Bergeson & Campbell, P.C. All Rights Reserved
Thu, May 09, 2024
A European Perspective on Food Law — A Conversation with Nora von Bergen, LL.M.
This week I had the pleasure of speaking with Nora von Bergen, LL.M. , a lawyer with Food Lex AG, to discuss her role as an accomplished food practitioner in Bern, Switzerland. Nora and I are both officers of the International Bar Association Agriculture and Food Law Section, and I have learned more over the past several years about Nora’s practice and find it fascinating. We discuss what Nora does at Food Lex and in that context, recent comprehensive amendments to Swiss food law that went into effect recently, and a few of the challenging legal issues Nora and her colleagues are addressing. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2024 Bergeson & Campbell, P.C. All Rights Reserved
Thu, April 25, 2024
Utility of Consortia Advocacy — A Conversation with Heather J. Blankinship
This week I discuss with my colleague, Heather Blankinship , Senior Scientist/Regulatory Consultant for B&C and The Acta Group, and Senior Manager for B&C ® Consortia Management, L.L.C. (BCCM) to discuss the value of coalition advocacy, and its essentiality in the chemical space, especially now. Heather manages many chemical coalitions and does a masterful job of managing issues and people. When you think about it, engaging commercial competitors to align on advocacy involving critically important regulatory, testing, and science policy issues is daunting. It involves strong communication skills, strong people skills, a keen understanding of the substantive issues, and endless patience. Heather explains how she does what she does, extolls the virtues of consortia advocacy, discusses some of BCCM’s successes, and explains why she and BCCM are as busy as they are these days. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2024 Bergeson & Campbell, P.C. All Rights Reserved
Thu, April 11, 2024
Asbestos Reporting Rule — A Conversation with Richard E. Engler, Ph.D.
This week I discuss with my colleague, Dr. Richard E. Engler , Director of Chemistry for B&C and The Acta Group, our consulting affiliate, the U.S. Environmental Protection Agency’s (EPA) important and recently issued first final risk management rule for chrysotile asbestos. Those of us in the Toxic Substances Control Act (TSCA) community know asbestos occupies a special place in TSCA’s checkered past, and EPA’s final rule is an important chapter in that book. Whether you care about asbestos or not, by any independent standard this final rule is a big deal for several reasons. There is no better expert than Rich Engler to discuss with me what this rule does, what it tells us about EPA’s approach to risk management under TSCA, why it is relevant to any chemical undergoing review by EPA, why in all probability neither industry nor the non-governmental organization (NGO) community is happy, and why litigation may well be in our future. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2024 Bergeson & Campbell, P.C. All Rights Reserved
Thu, March 28, 2024
FIFRA Hot Topic Issues — A Conversation with Jim Aidala
This week, I was excited to sit down with Jim Aidala , Senior Government Affairs Consultant at B&C and its consulting affiliate, The Acta Group, to discuss FIFRA hot topics. For those of us who work in the complicated and ever-changing area of agricultural and biocidal products, federal and state regulation of ag products is often hard to understand and to monitor. Jim knows this space better than anyone, having worked on the Hill, led EPA’s toxics office, and now serving the private sector. We discuss tip-of-the-spear issues in 2024, including what to expect in pesticides when electing (2024 general elections and ag policy), the Endangered Species Act and the regulation of ag chemicals, Pesticide Registration Improve Act 5 (PRIA 5) issues, new policies relating to “free of” claims, and the regulation of pesticide devices. It’s a lot of real estate, but we enjoyed the ride. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2024 Bergeson & Campbell, P.C. All Rights Reserved
Thu, March 07, 2024
TSCA Section 8(a)(7) PFAS Reporting Rule — A Conversation with Richard E. Engler, Ph.D.
This week I discuss with my colleague, Dr. Richard E. Engler , Director of Chemistry for B&C and The Acta Group, our consulting affiliate, the super-hot topic of per- and polyfluoroalkyl substances (PFAS) reporting under the Toxic Substances Control Act (TSCA). PFAS, the class of so-called forever chemicals, are the talk of this town, and likely the talk of many jurisdictions given the intense global scrutiny all things PFAS endure. Rich and I focus our broad ranging discussion on federal TSCA reporting under TSCA Section 8(a)(7). We discuss what PFAS are reportable, what information is due and by when, why finished product importers are on the hook for reporting, why there is a 12-year look back, and the all-important topic of how much diligence is due before you conclude information is “not known or reasonably ascertainable.” ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2024 Bergeson & Campbell, P.C. All Rights Reserved
Thu, February 22, 2024
Environmental, Social, and Governance (ESG) Standards — A Conversation with The Honorable Leo E. Strine, Jr.
This week I had the distinct pleasure of visiting with former Chief Justice of the Delaware Supreme Court, the Honorable Leo E. Strine, Jr. , Of Counsel, at Wachtell, Lipton, Rosen & Katz. Judge Strine and I discuss the intense focus on environmental, social, and governance (ESG) standards and the pressures on corporate directors and managers occasioned by the Caremark decision and its progeny, among other developments. These initiatives have particular relevance to businesses many of our clients and listeners manage, as they often involve environmentally sensitive chemical products and manufacturing operations. We discuss Judge Strine’s thoughts on implementing ESG programs by building upon existing corporate compliance programs and how best to allocate compliance responsibilities between corporate boards and senior management. Leo E. Strine, Jr., Kirby M. Smith, and Reilly S. Steel, “Caremark and ESG, Perfect Together: A Practical Approach to Implementing an Integrated, Efficient, and Effective Caremark and EESG Strategy,” Iowa Law Review , Volume 106, Issue 4, 2021. https://ilr.law.uiowa.edu/ print/volume-106-issue-4/ caremark-and-esg-perfect- together-a-practical-approach- to-implementing-an-integrated- efficient-and-effective- caremark-and-eesg-strategy Leo E. Strine, Jr., “Good Corporate Citizenship We Can All Get Behind?: Toward A Principled, Non-Ideological Approach To Making Money The Right Way,” The Business Lawyer , Volume 78, Spring 2023. https://papers
Thu, February 08, 2024
TSCA Developments in 2024 — A Conversation with Richard E. Engler, Ph.D.
This week I discuss with my colleague, Dr. Richard E. Engler , Director of Chemistry for B&C and The Acta Group, our consulting affiliate, what to expect in 2024 regarding TSCA developments. Rich is a leading voice on all things TSCA, especially new chemicals, and a widely sought after thought leader on the U.S. Environmental Protection Agency’s (EPA) implementation of the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg), Congress’ 2016 amendments to the Toxic Substances Control Act (TSCA). We begin with the most recent Senate hearing on TSCA on January 24 and then discuss Rich’s thoughts on key TSCA initiatives the rest of the year. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2024 Bergeson & Campbell, P.C. All Rights Reserved
Thu, January 25, 2024
What to Expect on Capitol Hill in 2024 — A Conversation with Jim Aidala
This week, I sat down with Jim Aidala , Senior Government Affairs Consultant at B&C and its consulting affiliate, The Acta Group. As many of our listeners know, Jim is a former Assistant Administrator of the Toxics office at the U.S. Environmental Protection Agency (EPA). He has worked on Capitol Hill as a pesticide policy expert and a keen student of all things political. We discuss what to expect in 2024 from the Hill and EPA’s Office of Chemical Safety and Pollution Prevention (OCSPP) when it comes to key chemical matters. We cover a lot of territory -- EPA staffing deficits, a deeply divided Congress, and the many challenging legal, scientific, and policy issues that this OCSPP is tasked with solving, or at least managing, in 2024 as it stares down national elections in about 10 months and all the uncertainty that fact invites. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2024 Bergeson & Campbell, P.C. All Rights Reserved
Thu, January 11, 2024
GRAS: Are Changes in Our Future? — A Conversation with Karin F. Baron
This week, I welcomed back to the studio Karin F. Baron , Director of Hazard Communication and International Registration Strategy at B&C and our consulting affiliate, The Acta Group. Karin and I discuss an old but evolving concept in FDA circles called GRAS -- Generally Recognized as Safe. As listeners may know, “food additives” require pre-market approval by FDA. Substances “generally recognized” as safe under the conditions of a substance’s intended use are excluded from the definition of “food additive,” are not subject to mandatory pre-market review by FDA, and may be added to human and animal food. How companies make GRAS determinations, FDA’s role in the process, and whether the GRAS concept should be modernized are a few of the hot topics Karin and I explore. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2024 Bergeson & Campbell, P.C. All Rights Reserved
Thu, December 14, 2023
EPA’s Proposed Registration of a Sprayable RNAi Biopesticide — A Conversation with Meibao Zhuang, Ph.D.
This week, listeners are in for a real treat as I sit down with Dr. Meibao Zhuang , Senior Scientist/Regulatory Consultant with B&C and our consulting affiliate, The Acta Group, to discuss double-stranded ribonucleic acid interference, better known as ds RNAi. Ds RNAi is a technology that allows scientists to silence (or interfere with) a particular gene. In the agricultural sector, this genetic modification can be used to great advantage to control pests of all sorts with extreme precision. Meibao will discuss EPA’s proposed registration of the first sprayable RNAi biopesticide and the exciting implications of this technology. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2023 Bergeson & Campbell, P.C. All Rights Reserved
Thu, November 30, 2023
Community Outreach and Environmental Justice — A Conversation with Rachel James of the SELC
This week, I had the distinct pleasure of visiting with Rachel James , an attorney with the Southern Environmental Law Center (SELC). Rachel’s background and specialized training make her uniquely well suited to address some of the very interesting issues in which she engages at SELC on behalf of a diverse set of community groups. The Biden-Harris Administration has made environmental justice and accounting for susceptible subpopulations core components of its approach to environmental protection. My conversation with Rachel provides greater insights into how this is working in practice. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2023 Bergeson & Campbell, P.C. All Rights Reserved
Thu, November 16, 2023
Rev 10 GHS — A Conversation with Karin F. Baron
This week, I welcomed back to the studio Karin F. Baron , Director of Hazard Communication and International Registration Strategy at B&C and our consulting affiliate, The Acta Group. Karin and I discuss Revision 10 of the Globally Harmonized System of Classification and Labeling of Chemicals, commonly referred to as GHS. Release of any new GHS revision is a big deal, and Revision 10 is no exception. Karin highlights key elements of the revision, including changes to “weight of evidence,” the classification of ozone-depleting chemicals, precautionary statements, and much more. No one reports on GHS better than Karin, and this episode covers Revision 10 as only Karin can. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2023 Bergeson & Campbell, P.C. All Rights Reserved
Thu, November 02, 2023
TSCA Reform — Seven Years Later: Per- and Polyfluoroalkyl Substances (PFAS) Session
On June 29, 2023, B&C, along with the Environmental Law Institute and the George Washington University Milken Institute of Public Health, sponsored the all-day virtual conference, TSCA Reform -- Seven Years Later. The conference was hugely successful and over 700 people registered for it. The quality of the discussion, the caliber of the participants, and the timeliness of the content motivated us to repurpose the substantive sessions to enable our podcast audience to listen to the sessions in this venue. Our topic in this podcast is the Toxic Substances Control Act’s (TSCA) application to per- and polyfluoroalkyl substances (PFAS) and how the U.S. Environmental Protection Agency’s (EPA) implementation of Lautenberg has influenced EPA’s regulatory actions. Our experts address a range of subjects, including EPA’s evolving definition of PFAS under TSCA, EPA’s TSCA PFAS testing strategy, the PFAS reporting rule under TSCA Section 8(a)(7), and much, much more. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2023 Bergeson & Campbell, P.C. All Rights Reserved
Thu, October 26, 2023
TSCA Reform — Seven Years Later: New Chemicals Review Session
On June 29, 2023, B&C, along with the Environmental Law Institute and the George Washington University Milken Institute of Public Health, sponsored the all-day virtual conference, TSCA Reform -- Seven Years Later. The conference was hugely successful and over 700 people registered for it. The quality of the discussion, the caliber of the participants, and the timeliness of the content motivated us to repurpose the substantive sessions to enable our podcast audience to listen to the sessions in this venue. Our topic in this podcast is the U.S. Environmental Protection Agency’s (EPA) new chemicals review process under Lautenberg. As many listeners know, the Toxic Substances Control Act (TSCA) New Chemicals Program was significantly revised by the 2016 TSCA amendments, and what the law requires has been vigorously debated and remains unclear. This panel discusses opportunities for transparency, processes to guide new chemicals review, new approaches to assess chemical risks, protection of workers, Section 5(e) orders, recent trends with EPA’s review of new chemical substances, and much, much more. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2023 Bergeson & Campbell, P.C. All Rights Reserved
Thu, October 19, 2023
TSCA Reform — Seven Years Later: Risk Management Session
On June 29, 2023, B&C, along with the Environmental Law Institute and the George Washington University Milken Institute of Public Health, sponsored an all-day virtual conference, TSCA Reform -- Seven Years Later. The conference was hugely successful and over 700 people registered for it. The quality of the discussion, the caliber of the participants, and the timeliness of the content inspired us to re-broadcast the discussion to our podcast audience. This panel discusses the U.S. Environmental Protection Agency’s (EPA) authority under Toxic Substances Control Act (TSCA) Section 6 to manage chemical risks that EPA has determined to be unreasonable and options at EPA’s disposal for deploying its authority. Panelists address how EPA manages workplace risks, enforcement mechanisms for risk management restrictions, whether EPA’s risk management rulemakings are adequately addressing environmental justice concerns, potential legal challenges to final risk management rules, and much, much more. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2023 Bergeson & Campbell, P.C. All Rights Reserved
Thu, October 12, 2023
TSCA Reform — Seven Years Later: Risk Evaluation Session
On June 29, 2023, B&C, along with the Environmental Law Institute and the George Washington University Milken Institute of Public Health, sponsored the all-day virtual conference, TSCA Reform -- Seven Years Later. The conference was hugely successful and over 700 people registered for it. The quality of the discussion, the caliber of the participants, and the timeliness of the content motivated us to repurpose the substantive sessions to enable our podcast audience to listen to the sessions in this venue. The topic of this podcast is the panel discussion on the U.S. Environmental Protection Agency’s (EPA) risk evaluation process under Lautenberg. The panel discussed various aspects of EPA’s risk evaluation of chemical substances under Toxic Substances Control Act (TSCA) Section 6. The panel experts touch upon crucially important issues, including EPA’s potential use of European Union (EU) Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) data, EPA’s use of new approach methodologies (NAM), the effectiveness of a “whole chemical approach” to risk determinations, the incorporation of cumulative risk assessment (CRA) approaches, and much, much more. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2023 Bergeson & Campbell, P.C. All Rights Reserved
Thu, September 28, 2023
Lessons in Effective Government Advocacy — A Conversation with Mark Washko
This week I had the distinct pleasure of visiting with Mark Washko , Head of Federal Government Affairs at BASF Corporation. I have worked with Mark and admire his extraordinary communication skills, particularly his ability to advocate on complex science policy and chemical issues clearly and in a way that is relatable. We in the chemical community are constantly challenged on so many levels in this regard -- how to speak clearly, and to speak in a way that wins friends and influences those many who do not share our perspective, and how to remain respectful when addressing issues we care deeply about. Mark is top notch in these areas, and our conversation offers some lessons in effective government advocacy. We discuss Mark’s winning style, his approach to Members and staff on Capitol Hill, what prepared him best for his role, and his advice to those thinking about embarking on a career in government affairs. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2023 Bergeson & Campbell, P.C. All Rights Reserved
Thu, September 14, 2023
PMN Review and Orders — A Conversation with Richard E. Engler, Ph.D.
This week, we are re-releasing my conversation with Dr. Richard E. Engler, Director of Chemistry for B&C and The Acta Group (Acta ® ), our consulting affiliate, originally recorded in April. We discussed then a lawsuit challenging the U.S. Environmental Protection Agency’s (EPA) issuance of a Consent Order under Section 5(e) of the Toxic Substances Control Act (TSCA). As listeners may know, judicial challenges to TSCA Section 5(e) orders are rare, and this one is even more unusual because the petitioner is a non-governmental organization (NGO) and the challenge was filed well beyond the statutory period for judicial challenge. We discuss TSCA Section 5(e) orders, the process for challenging them, and some of the underlying issues at play here, including the concept of “chemical categories” under TSCA Section 5, concerns with EPA’s new chemicals review process, and EPA’s assessment and communication of risk in the new chemicals it reviews under Section 5. The topic is as lively now as it was earlier this year. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2023 Bergeson & Campbell, P.C. All Rights Reserved
Thu, August 31, 2023
Section 6 Advocacy and the Importance of Being Early — A Conversation with Richard E. Engler, Ph.D.
This week I discuss with my colleague, Dr. Richard E. Engler , Director of Chemistry for B&C and The Acta Group, our consulting affiliate, the importance of engaging early and often with the U.S. Environmental Protection Agency (EPA) in the Toxic Substances Control Act (TSCA) Section 6 risk evaluation process. We discuss conditions of use (COU) of a chemical being evaluated by EPA, the reasons why educating EPA on COUs is critically important to regulated businesses, the relevance of ECELs, existing chemical exposure limits, and the consequences of a Significant New Use Rule (SNUR) for use conditions out of scope of a risk evaluation. We also discuss EPA’s evolving thinking regarding ECELs and why EPA’s thinking is a hot topic of discussion. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2023 Bergeson & Campbell, P.C. All Rights Reserved
Thu, August 17, 2023
Competitive Advantage of Product Stewardship — A Conversation with Catherine M. Croke, DBA
This week, I was excited to speak with Dr. Catherine M. Croke , Bergeson &Campbell’s and our consulting affiliate’s, The Acta Group, Director of Product Stewardship and Regulatory Affairs, about product stewardship and its role in achieving competitive advantage. There is a direct relationship between the two if you know how to leverage excellent stewardship to achieve competitive advantage. In my conversation with Catherine, we consider the nature of this relationship. We explore how employee and management engagement in product stewardship is essential, how products can be brought to market faster, how fulfilling customer expectations is part of the equation, and how to measure the business success of implementing an effective product stewardship program. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2023 Bergeson & Campbell, P.C. All Rights Reserved
Thu, August 03, 2023
The Hazard Communication Standard — A Conversation with Lesa Rice-Jackson, CPPS, Ph.D.
This week I had the pleasure of visiting with Dr. Lesa Rice-Jackson , CPPS, Managing Principal Consultant, Rice Jackson Health Safety & Regulatory Compliance Consulting, to discuss Lesa’s expertise in occupational safety and health and product stewardship issues. Dr. Jackson has a distinguished career in private practice as an employee of a large industrial chemical company, and now is President of her own consultancy. Lesa is both a much sought after service provider to B&C and some of its clients and a member of the Board of Directors of the Product Stewardship Society, which I served on for several years before stepping down as President and Chair of the Board a few years ago. Lesa is a seasoned, practical, and extremely efficient professional to whom I could listen all day, given her insights on all things occupational safety and health related. We discuss the pending amendments to the Occupational Safety and Health Administration (OSHA) Hazard Communication Standard (HCS), key issues likely to complicate compliance, and how best to balance occupational safety and health compliance with emerging and more rigorous best practice standards. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2023 Bergeson & Campbell, P.C. All Rights Reserved
Thu, July 20, 2023
EPA Adds Two New Chemical Categories: What It Means to Chemical Innovators — A Conversation with Richard E. Engler, Ph.D.
This week, we are re-releasing a podcast I recorded with my colleague, Dr. Richard E. Engler , Director of Chemistry for B&C and The Acta Group, our consulting affiliate, much earlier this year on the U.S. Environmental Protection Agency’s (EPA) development of new chemical categories to help streamline Toxic Substances Control Act (TSCA) Section 5 new chemical review. Since January, the concept of chemical categories has attracted significant attention. Rich and I discuss in the podcast the new categories for mixed metal oxides (MMO) and cathode active materials (CAM), and another category for biofuels. More recently, EPA has focused on regulating PFAS chemicals as a category and has sought comment on disallowing Low Volume and Low Release and Low Exposure Exemptions under TSCA Section 5. While this is an entirely different way of streamlining the review process, the proposal raises interesting questions that we address in our firm memorandum on this subject posted on our website. The podcast discussion is directly relevant to these more recent developments. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2023 Bergeson & Campbell, P.C. All Rights Reserved
Thu, July 06, 2023
CLP Changes — A Conversation with Lee Bowers and Karin F. Baron
This week I had the pleasure of speaking with Lee Bowers , Vice President -- Environmental, Health & Safety (EHS), RPM International, Inc., and Bergeson & Campbell’s own Karin Baron , Director of Hazard Communication and International Registration Strategy, to discuss the consequential changes to the classification, labeling, and packaging of substances and mixtures (CLP) system in the European Union (EU). As some of our listeners may know, in April 2023, the European Commission entered into force significant changes to the CLP regulation. The real-world impacts of these changes are now being felt in a host of commercial transactions. These challenges arise because of the lack of alignment between CLP and the Globally Harmonized System of Classification of Labeling of Chemicals (GHS), which may sound less urgent than it is. Karin and I have been beating this drum for a while now, and Lee Bowers and Karin Baron are here to discuss actual instances and real case studies that listeners may find helpful to know. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2023 Bergeson & Campbell, P.C. All Rights Reserved
Thu, June 22, 2023
A Conversation with Rear Admiral Melissa Bert, Esquire (Ret.)
This week I had the pleasure of speaking with Retired Rear Admiral Melissa Bert , who served as the Judge Advocate General and Chief Counsel of the U.S. Coast Guard, the first woman to serve in this position. Admiral Bert’s accomplishments are too numerous to note here, but her Wikipedia page is sure to impress. We discuss Coast Guard responsibilities, what the Chief Counsel of the Coast Guard does, some of Admiral Bert’s more memorable engagements, and the Admiral’s founding of the Coast Guard Women’s Leadership Initiative and Leadership Diversity Advisory Council. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2023 Bergeson & Campbell, P.C. All Rights Reserved
Thu, June 08, 2023
A Conversation with Shanisha Y. Smith, Esquire
This week I had the pleasure of speaking with Shanisha Smith , Health, Safety, and Environmental (HSE) Counsel for LyondellBasell, about her role as counsel and the rewards and challenges of advising a major chemical producer on HSE legal and product stewardship issues. In our conversation, we learn about Shanisha’s beginnings not far from here on Maryland’s Eastern Shore to now living in Houston and counseling LyondellBasell’s, one of the world’s largest chemical manufacturers, global team of HSE and product stewardship professionals on an incredibly diverse range of legal and product stewardship issues. We discuss Shanisha’s impressive personal background, how it prepared her for the demands of her current job, and Shanisha’s approach to counseling her client on evolving legal and stewardship topics, many of which are emerging with no clear answer. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2023 Bergeson & Campbell, P.C. All Rights Reserved
Thu, May 25, 2023
PFAS under REACH — A Conversation with Jane S. Vergnes, Ph.D.
This week I had the pleasure of speaking with Dr. Jane Vergnes , Director of Toxicology and Vice President, Scientific Affairs, here at B&C and its consulting affiliate, The Acta Group (Acta ® ), about the regulation of PFAS under REACH. Many of our listeners know the European Chemicals Agency (ECHA) released on February 7 its long-awaited restriction proposal for the regulation of per- and polyfluoroalkyl substances in the European Union (EU) under the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) regulations. The proposal is a monster -- complex, far-ranging, and very consequential. The six-month consultation period is open until late September, and regulated entities on both sides of the Atlantic are urged to read and comment on the proposal. Jane and I cover lot of territory in our discussion. We discuss the risk options ECHA considered, what it has proposed, some legal vulnerabilities with the approach ECHA has taken that commentators are discussing, and how best to prepare for the final restrictions, whenever they are issued and in whatever form. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2023 Bergeson & Campbell, P.C. All Rights Reserved
Thu, May 11, 2023
PMN Review and Orders — A Conversation with Richard E. Engler, Ph.D.
This week, Dr. Richard E. Engler , Director of Chemistry for B&C and The Acta Group (Acta ® ), our consulting affiliate, returned to the studio to discuss a recently filed lawsuit challenging the U.S. Environmental Protection Agency’s (EPA) issuance of a Consent Order under Section 5(e) of the Toxic Substances Control Act (TSCA). Judicial challenges to TSCA Section 5(e) orders are rare, and this one is even more unusual because the petitioner is a non-governmental organization (NGO) and the challenge was filed well beyond the statutory time period for judicial challenge, according to some. We discuss TSCA Section 5(e) orders, the process for challenging them, and some of the underlying issues at play here, including the concept of “chemical categories” under Section 5, concerns with EPA’s new chemical review process, and EPA’s assessment and communication of risk in the new chemicals it reviews under Section 5. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2023 Bergeson & Campbell, P.C. All Rights Reserved
Thu, April 27, 2023
TSCA: New and Old — A Conversation with the Legendary Robert M. Sussman
This week, I sat down with the truly legendary Robert M. Sussman , of Sussman & Associates, to discuss Bob’s extraordinary career engaging in all things Toxic Substances Control Act (TSCA), new and old. Bob was a prominent private-practice attorney and frequent senior official at the U.S. Environmental Protection Agency (EPA) before TSCA was amended in 2016. Since the Frank R. Lautenberg Chemical Safety for the 21st Century Act, Bob has been extraordinarily successful putting his TSCA know-how and finely honed litigation skills to effective use for a wide range of public-interest clients. During our conversation, we discuss Bob’s amazing career, his litigation successes, his views on new TSCA, and his hopes for the future of chemical management. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2023 Bergeson & Campbell, P.C. All Rights Reserved
Thu, April 13, 2023
Modernization of Cosmetic Regulations Act of 2022 — A Conversation with Karin F. Baron
This week, I welcomed back to the studio Karin F. Baron , Director of Hazard Communication and International Registration Strategy at B&C and our consulting affiliate, The Acta Group. Karin and I discuss the newly enacted Modernization of Cosmetics Regulation Act of 2022, better known as MoCRA. The U.S. Food and Drug Administration has been the subject of criticism for years over what some regard as inadequate regulation of cosmetics and the facilities where they are produced. MoCRA is intended to modernize the regulation of cosmetics and imposes sweeping changes on the review and regulation of cosmetics about which our listeners need to know. In our conversation, Karin addresses the most consequential new regulatory provisions MoCRA imposes and explains when they are effective and how they will impact the manufacture and marketing of cosmetic products. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2023 Bergeson & Campbell, P.C. All Rights Reserved
Thu, March 30, 2023
The East Palestine Train Derailment: Behind the Scenes with Three Former Government Officials
The train derailment in East Palestine, Ohio, has inspired a lot of conversation involving a wide range of topics, including emergency response measures, rail transport of chemicals, and most pertinent to this conversation, communicating chemical risk information to the public. Several of my colleagues here at Bergeson & Campbell have worked at the U.S. Environmental Protection Agency (EPA) in varying capacities and other federal agencies charged with regulating chemicals and communicating safety and risk information. We thought it would be interesting to have a conversation with these former regulators about the challenges federal and state agencies face in responding to major incidents like the train derailment in East Palestine. So this week, I sat down with Jim Aidala and Dennis Deziel , both Senior Government Affairs Advisors at B&C and its consulting affiliate, The Acta Group, and Dr. Richard Engler , Director of Chemistry at B&C and Acta, to speak about some of these issues, given their unique perspective as former government representatives. Among the issues we discuss is what happens when the call comes in reporting on a major incident, how did each plan for the unexpected, what are the key challenges in communicating risk information about chemicals to the public, and their thoughts on restoring trust in what the government reports during major incidents. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2023 Bergeson & Campbell, P.C. All Rights Reserved
Thu, March 16, 2023
What is Product Stewardship’s Value to a Company? — A Conversation with Tina N. Armstrong, Ph.D.
This week, I sat down with Dr. Tina N. Armstrong , a Vice President with Arcadis U.S., Inc., to discuss the role of product stewardship in business organizations today. To those of us in this space, Tina is a rock star. In addition to her role as a business leader and scientist at Arcadis, Tina is a professor in product stewardship strategy and management at the Indiana University Richard M. Fairbanks School of Public Health, an author of many books and articles on product stewardship, and the 2022 awardee of the prestigious Allan K. Fleeger Distinguished Service Award conferred by the Product Stewardship Society for her many contributions to product stewardship. We discuss what product stewardship is, its origins, it value to companies, particularly those in the chemical and chemical product manufacturing sector, and the essential elements of a stewardship team. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2023 Bergeson & Campbell, P.C. All Rights Reserved
Thu, March 02, 2023
Product Stewardship, Supply Chain, and Downstream User Engagement — A Conversation with Catherine M. Croke, DBA
This week, I had the pleasure of catching up with Dr. Catherine M. Croke , B&C’s and our consulting affiliate’s, The Acta Group, new Director of Product Stewardship and Regulatory Affairs. Catherine joined us recently from Evonik Corporation, where she was Senior Advocacy and Compliance Manager. Catherine’s diverse and truly extraordinary background working for industrial chemical companies in a variety of science, business, and advocacy roles have made Catherine a core part of the B&C and Acta team. We discuss the expanding role and growing importance of product stewards in corporate America today, what is product stewardship, the value this role offers to companies, and where to begin if your company is without a product steward. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2023 Bergeson & Campbell, P.C. All Rights Reserved
Thu, February 16, 2023
Health Canada’s Update to Rev 7/8 of GHS — A Conversation with Karin F. Baron
This week, I welcomed back to the studio Karin F. Baron , Director of Hazard Communication and International Registration Strategy at B&C and our consulting affiliate, The Acta Group. During this 100th All Things Chemical podcast, Karin and I discuss the very important recently released amendments to the Canadian Hazardous Products Regulations (HPR). The amendments are intended to align the HPR with the seventh revised edition (Rev 7) of the United Nations (UN) Globally Harmonized System of Classification and Labeling of Chemicals (GHS). No one on planet Earth knows the global state of play of GHS regulation better than Karin. We focus here on what listeners need to know regarding the new HPR provisions, when they must be implemented, and how they will impact the classification and labeling of hazardous products in Canada and beyond. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2023 Bergeson & Campbell, P.C. All Rights Reserved
Thu, February 02, 2023
What to Expect on Capitol Hill and at EPA OCSPP in 2023 — A Conversation with Jim Aidala
This week, I sat down with Jim Aidala , Senior Government Affairs Consultant at B&C and its consulting affiliate, The Acta Group. We discuss what to expect in 2023 from Capitol Hill and the U.S. Environmental Protection Agency’s (EPA) Office of Chemical Safety and Pollution Prevention (OCSPP) when it comes to key chemical matters. Jim is, of course, one of the country’s most talented pesticide experts and, as a former Assistant Administrator of what is now OCSPP and a founding member of the Capitol Steps, offers laser-focused insights on chemicals with wit and flair. We cover a lot of territory -- EPA staffing deficits, a divided Congress, and the many daunting legal, science, and policy issues that this OCSPP is tasked with solving, or at least managing. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2023 Bergeson & Campbell, P.C. All Rights Reserved
Thu, January 19, 2023
What to Expect in Chemicals Policy and Regulation in 2023 — A Conversation with Richard E. Engler, Ph.D.
This week, Dr. Richard E. Engler , Director of Chemistry for B&C and The Acta Group (Acta ® ), our consulting affiliate, returned to the studio to discuss what to expect in Toxic Substances Control Act (TSCA) regulation in the New Year. While we cannot predict with precision, we know 2023 will be a consequential year for several reasons: the first final risk management rule will be issued, the final per- and polyfluoroalkyl substance (PFAS) reporting rule will be issued, and the final Confidential Business Information rule will be issued -- and this is the first quarter of the year! In addition to these new and significant final rules, we know the new Republican-led House is expected to schedule oversight hearings on a variety of U.S. Environmental Protection Agency (EPA) topics, including TSCA implementation. Litigation is also likely to darken our collective doorways in 2023, so we discuss what issues are likely to be litigated and who might bring the lawsuits. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2023 Bergeson & Campbell, P.C. All Rights Reserved
Thu, January 05, 2023
EPA Adds Two New Chemical Categories: What It Means to Chemical Innovators — A Conversation with Richard E. Engler, Ph.D.
This week, Dr. Richard E. Engler , Director of Chemistry for B&C and The Acta Group, our consulting affiliate, returned to the studio to discuss the U.S. Environmental Protection Agency’s (EPA) bold moves in developing new chemical categories to help streamline the review of new chemicals under Toxic Substances Control Act (TSCA) Section 5. While the categorical approach to new chemical review is by no means new, it has stalled out in recent years, and EPA’s renewed work in this area is both timely and essential. Rich and I discuss the new category for mixed metal oxides (MMO) and cathode active materials (CAM) and another category for biofuels. We answer the questions “Why now?,” “How are the categories developed?,” “Where is EPA headed?,” and we discuss why you should care. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2023 Bergeson & Campbell, P.C. All Rights Reserved
Thu, December 08, 2022
TSCA Regulation of Articles: The Saga Continues — A Conversation with Richard E. Engler, Ph.D.
This week, Dr. Richard E. Engler , Director of Chemistry for B&C and The Acta Group, our consulting affiliate, returned to the studio to discuss the stubbornly vexatious problem of TSCA’s regulation of articles, a fancy name for products or finished goods. Most listeners to the podcast appreciate that this U.S. Environmental Protection Agency (EPA) Administration has specifically applied TSCA regulations to articles far more than in decades past. This policy pivot has caused a significant amount of commercial disruption and business uncertainty. This will not abate in the years ahead. Rich Engler explains why this is the case and suggests some steps regulated entities may wish to consider to comply with current regulations and prepare for the future. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2022 Bergeson & Campbell, P.C. All Rights Reserved
Thu, November 10, 2022
Keeping up with CLP Changes — A Conversation with Karin F. Baron
This week, I welcomed back to the studio Karin F. Baron , Senior Regulatory Consultant at B&C and our consulting affiliate, The Acta Group. Karin and I discuss the controversial changes proposed by the European Commission to the regulation on classification, labeling, and packaging of substances and mixtures, better known as the CLP regulation. As our listeners know, no one knows this space better than Karin Baron. Karin explains why the proposed changes are likely to inject even greater dis-harmonization in the area of the global harmonization of packaging and labeling at a time when global commerce can least afford it. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2022 Bergeson & Campbell, P.C. All Rights Reserved
Thu, October 27, 2022
Biotech’s Emergence in the EU and Globally — A Conversation with Dr. Claire Skentelbery
This week, I sat down with Dr. Claire Skentelbery , Director General, EuropaBio -- The European Association for Bioindustries. Many of you may know Claire from her prior role as Director General of the Nanotechnology Industries Association, where she energized that Brussels-based trade association to new and exciting heights. Claire has brought her considerable scientific, science policy, and trade association management skills to EuropaBio at an exciting time, as biotechnology is widely recognized to be a pivotal component of the European Union’s (EU) commitment to sustainability. We cover a lot of territory in our conversation and discuss evolving perceptions of biotechnology in the EU, how biotechnology is advancing the EU’s commitment to sustainability and circularity, and what’s next for biotech advocacy in the EU. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2022 Bergeson & Campbell, P.C. All Rights Reserved
Thu, October 13, 2022
Misunderstood: The Excise Tax No One Likes or Understands — A Conversation with Douglas Charnas and Richard E. Engler, Ph.D.
This week I sat down with Doug Charnas , a nationally- recognized corporate and tax attorney and partner at McGlinchey, in its Washington, D.C. offices, and our own Dr. Richard Engler , Director of Chemistry at Bergeson & Campbell and at our consulting affiliate, The Acta Group. We discuss the recently reinstated Superfund Tax, which entities the tax applies to, what exactly is a taxable chemical and how to distinguish between taxable chemicals and taxable substances, and why just about everyone is really grumpy about this newly reinstated tax. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2022 Bergeson & Campbell, P.C. All Rights Reserved
Thu, September 29, 2022
The New Era of Smarter Food Safety — A Conversation with Karin Baron
This week, I welcomed back to the studio Karin F. Baron , Senior Regulatory Consultant at B&C and our consulting affiliate, The Acta Group. Karin and I discuss the U.S. Food and Drug Administration’s (FDA) initiative called the New Era of Smarter Food Safety. The goal of this initiative is to diminish the number of foodborne illness, which, surprisingly, has not diminished since the Food Safety Modernization Act was enacted 11 years ago. We discuss FDA’s “blueprint for the future” as the initiative has come to be called, the use of emerging technologies to achieve FDA’s goal, and how FDA is trying to change the culture of food safety in the United States. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2022 Bergeson & Campbell, P.C. All Rights Reserved
Thu, September 15, 2022
TSCA New Approach Methodologies — A Conversation with James W. Cox
This week I sat down with James Cox , M.S., Senior Scientist with B&C. James is an exceptional biologist with significant experience assessing the risk of industrial chemicals. Before joining B&C, James served in a variety of leadership positions in the U.S. Environmental Protection Agency’s (EPA) Office of Pollution Prevent and Toxics, one of which was Chair of the Risk Assessment Technical Team, which provided recommendations to inform EPA’s policy positions on New Approach Methodologies or NAMs. James discusses NAMs, their significance in chemical risk assessment under the Toxic Substances Control Act (TSCA), how NAMs will enable diminished reliance on animal testing, and some of the challenges facing chemical stakeholders in moving away from animal testing. Now, here is my conversation with James Cox. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2022 Bergeson & Campbell, P.C. All Rights Reserved
Thu, September 01, 2022
Do We Need An Animal Protection Agency? — A Conversation with Prof. Delcianna J. Winders
This week I sat down with Professor Delcianna J. Winders , Professor and Animal Law and Policy Institute Director at the Vermont Law School. Professor Winders is a total rock star in the exploding area of animal law. Prior to joining the Vermont Law School faculty and founding the Animal Law and Policy Institute, Professor Winders was on the faculty of Lewis & Clark Law School. She previously served as Vice President and Deputy General Counsel at the People for the Ethical Treatment of Animals Foundation, was the first Academic Fellow of the Harvard Animal Law & Policy Program, and a visiting scholar at the Elizabeth Haub School of Law at Pace University. We touch on just a few of the many fascinating issues included under the broad umbrella of animal law, including Professor Winders’ judicial successes involving the Animal Welfare Act, her thoughts on alternatives to animal testing, how the concept of one health intersects with animal law, the role of restorative justice in animal and chemical law, and much more. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2022 Bergeson & Campbell, P.C. All Rights Reserved
Thu, August 18, 2022
Is There A New Chemical Bias? — A Conversation with Richard E. Engler, Ph.D.
This week I sat down with Dr. Richard E. Engler , B&C’s and The Acta Group’s (our consulting affiliate) Director of Chemistry, to discuss the new chemical bias. Our listeners know that Rich Engler has worked for decades reviewing Premanufacture Notifications submitted under the Toxic Substances Control Act (TSCA). PMNs are applications to manufacture or import chemical substances that are not listed on the TSCA Inventory and thus are considered “new.” Much has changed in terms of the new chemical review process since Congress revised TSCA six years ago. As we discuss in our podcast, however, one thing has not changed: the new chemical bias is as potent today as it was before Lautenberg was enacted in 2016. Rich and I discuss the new chemical bias, explain why it continues to confound chemical innovators, and what is being done to eliminate the bias and level the playing field. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2022 Bergeson & Campbell, P.C. All Rights Reserved
Thu, August 04, 2022
The National Tribal Toxics Council — A Conversation with Dianne Barton, Ph.D.
This week, I sat down with Dr. Dianne Barton , Water Quality Coordinator at the Columbia River Inter-Tribal Fish Commission in Portland, Oregon, where she puts her Ph.D. in geochemistry to good use by providing technical expertise related to water quality, environmental toxics, regulatory processes, and the fate and transport of contaminants. Dr. Barton, who is a member of the Bad River Band of Lake Superior Chippewa, Chairs the National Tribal Toxics Council (NTTC), which is a U.S. Environmental Protection Agency (EPA) - tribal partnership group that provides tribes with opportunities to engage more specifically with EPA on toxics issues. In our conversation, Dr. Barton shares her significant expertise on toxics issues and how the NTTC is engaged with EPA on a wide variety of Frank R. Lautenberg Chemical Safety for the 21st Century Act implementation issues, particularly those affecting tribal communities. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2022 Bergeson & Campbell, P.C. All Rights Reserved
Thu, July 21, 2022
Tips for Working with Foreign Regulators in China — A Conversation with David Cragin, Ph.D.
This week, I sat down with David Cragin , Ph.D., DABT ® , Quality Assurance and External Affairs Director for a large multinational pharmaceutical company, to discuss his experience living and working in China. For many listeners, working with foreign regulators can be particularly challenging for a variety of reasons, including language barriers, cultural differences, and differing regulatory standards. Dave shares his experience working in China and explains his approach to managing these issues successfully. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2022 Bergeson & Campbell, P.C. All Rights Reserved
Thu, July 07, 2022
Food Pesticide Residues — A Conversation with Sheryl Dolan and Meibao Zhuang, Ph.D.
This week, I sat down with Sheryl Lindros Dolan , Senior Regulatory Consultant with B&C and Senior Regulatory Specialist with our consulting affiliate, The Acta Group, and Meibao Zhuang, Ph.D. , Senior Scientist/Regulatory Consultant with B&C and Acta, to discuss pesticide tolerances, what are they, how does the U.S. Environmental Protection Agency (EPA) develop them, and how well government and industry stakeholders communicate their utility in ensuring a safe and reliable food supply. We also wander into the complex world of soil amendments and adjuvants, so if you do not know what these are, listen up. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2022 Bergeson & Campbell, P.C. All Rights Reserved
Thu, June 23, 2022
Balancing Wildlife Protection and Responsible Pesticide Use — A Conversation with EPA’s Jake Li
This week, I sat down with Jake Li , Deputy Assistant Administrator for Pesticide Programs, Office of Chemical Safety and Pollution Prevention, U.S. Environmental Protection Agency (EPA), and my colleague, Jim Aidala , Senior Government Affairs Consultant here at B&C. My guests have much in common -- they both have served (or in Jake’s case is serving) in senior policy positions in this space at EPA, and they both have a keen understanding of the legal, policy, and commercial implications of the Endangered Species Act (ESA). Enacted almost 50 years ago, the ESA is intended to preserve and protect imperiled species. As anyone in this space knows, implementing the ESA and balancing the need for pesticide use has proven to be a challenging issue for decades. Our conversation today covers what the Administration is doing to balance wildlife protection and responsible pesticide use, what the federal Interagency Working Group is doing in this regard, and consider how the ESA Workplan is helping EPA’s Pesticide Program meet its ESA obligations. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2022 Bergeson & Campbell, P.C. All Rights Reserved
Thu, June 09, 2022
OEHHA and Prop 65 Update — A Conversation with Lisa R. Burchi
This week, I sat down with Lisa R. Burchi , Of Counsel, Bergeson & Campbell, P.C., and resident expert on Proposition 65 (Prop 65), among many other chemical laws. Few state laws are more notorious, or controversial, as this 1986 California law that revolutionized the concept of a consumer’s or worker’s “right to know” whether a product or work space might present exposures to chemicals considered carcinogens or reproductive toxins. Fast forward 36 years, and the familiar label warning on products as diverse as industrial chemicals to coffee and other common food items are found literally everywhere, in and out of the state of California. Lisa bring us up to date on some important new Prop 65 developments, reflects a bit on the law’s successes and misses, and discusses a few important judicial rulings about which our listeners will want to know. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2022 Bergeson & Campbell, P.C. All Rights Reserved
Thu, May 26, 2022
GHS Update — A Conversation with Karin Baron
This week, I welcomed back to the studio Karin F. Baron , Senior Regulatory Consultant at B&C and our consulting affiliate, The Acta Group. Karin is an internationally recognized expert on hazard communication, risk assessment, the regulation of food contact materials, and the Globally Harmonized System of Classification and Labeling of Chemicals (GHS). Karin’s expertise in hazard communication and GHS was recently recognized as Karin was elected to the Board of Directors of the Society for Chemical Hazard Communication (SCHC), an organization Karin has held leadership positions in for years. Our conversation focuses on the truly seismic changes underway in South and Central America, in the European Union and United Kingdom, and in Asia with regard to adoption of the GHS and the Safety Data Sheet implications of these actions. These initiatives have a profound impact on the movement of goods and materials internationally, and the unwary can find themselves in a world of trouble by not keeping up. Karin’s special talent in this space is directed at helping her clients avoid bad commercial things from happening. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2022 Bergeson & Campbell, P.C. All Rights Reserved
Thu, May 12, 2022
Trends in Product Sustainability and Circularity — A Conversation with Kate Sellers
This week I had the pleasure of sitting down again with one of my favorite people on planet Earth, Kate Sellers , Technical Fellow at ERM, where Kate leads a multidisciplinary team of professionals dedicated to helping companies recognize the business value of product stewardship. Kate is also an adjunct professor at Harvard Extension School and Indiana University’s School of Public Health, where she is an instructor in the Master of Science in Product Stewardship program. Kate and I last spoke on the podcast in December 2020, when we vowed to speak again in about a year. Over the past year, Kate has seen an uptick in several product sustainability trends, including implementation of the Toxic Substances Control Act (TSCA), life-cycle assessment, circular economy programs, and sustainability initiatives. We discuss all of these trends and more in our conversation. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2022 Bergeson & Campbell, P.C. All Rights Reserved
Thu, April 28, 2022
A Look Into The Household & Commercial Products Association — A Conversation with Steven Bennett, Ph.D.
This week, I sat down with Dr. Steven Bennett , Executive Vice President, Scientific & Regulatory Affairs, Household & Commercial Products Association, here in Washington, D.C. Steve’s membership represents an amazing diversity of products used to clean and disinfect homes and commercial environments. As Executive Vice President of scientific and regulatory affairs, Steve routinely addresses an equally diverse and challenging range of scientific, regulatory, and science policy issues, from consumer exposures, to chemicals used in cleaning products, to the role HCPA members play in addressing COVID-19 and related public health issues. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2022 Bergeson & Campbell, P.C. All Rights Reserved
Thu, April 14, 2022
FIFRA Hot Topics — A Conversation with Jim Aidala
This week, I sat down with Jim Aidala , Senior Government Affairs Consultant at B&C and its consulting affiliate, The Acta Group. As a former Assistant Administrator in what is now the U.S. Environmental Protection Agency’s (EPA) Office of Chemical Safety and Pollution Prevention, Jim has a truly unique and exceedingly focused perspective on EPA and Congressional initiatives involving the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Unsurprisingly, the new (or not so new now) Administration has taken positions on key FIFRA issues that are quite different from those of the prior Administration. We cover pollinators, Pesticide Registration Improvement Extension Act of 2018 (PRIA 4) renewal, the Endangered Species Act (ESA), and a host of other FIFRA hot topics, reported as only Jim can describe, given his extraordinary experience and entertaining style. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2022 Bergeson & Campbell, P.C. All Rights Reserved
Thu, March 31, 2022
Reflections on TSCA Implementation — A Conversation with Alexandra Dunn
This week, I was delighted to visit again with Alexandra Dunn , now a Partner with Baker Botts and immediate past Assistant Administrator of the U.S. Environmental Protection Agency’s (EPA) Office of Chemical Safety and Pollution Prevention (OCSPP). As Assistant Administrator, Alex was respected and liked by a diversity of industrial and agricultural chemical stakeholders, revered by her immediate staff, and hugely popular as an EPA senior leader. Alex led OCSPP at a pivotal time in EPA’s implementation of revisions to the Toxic Substances Control Act (TSCA) and worked tirelessly to meet the many deadlines imposed under the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg). We discuss Alex’s transition back into the private law sector, get a sense of the issues on which Alex is focusing now that she is back in private practice, and reflect on current EPA policies under TSCA and the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to understand what has changed since Alex left EPA. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2022 Bergeson & Campbell, P.C. All Rights Reserved
Thu, March 17, 2022
What Is Going On With UK REACH? — A Conversation with Jane S. Vergnes, Ph.D. and Steven P. Brennan, Ph.D.
This week, I sat down with Dr. Jane Vergnes , Director of Toxicology and Vice President, Scientific Affairs, here at B&C and its consulting affiliate, The Acta Group (Acta®), and Dr. Steven P. Brennan , Senior Manager of REACH at Acta, and resident in our UK office in Manchester, England. In our podcast, we seek to answer the question “How is the UK government doing in implementing UK REACH?” We are just past year one of UK REACH as it came into force at 11:00 p.m. UK time on December 31, 2020. Creating a parallel regulatory framework for the management of industrial chemicals in Great Britain is no small feat, and Jane and Steven bring us up to speed on what has happened over the past year and tell us what to look forward to in 2022. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2022 Bergeson & Campbell, P.C. All Rights Reserved
Thu, March 03, 2022
The “PIPing” Point — A Conversation with Kelly Scanlon, DrPH, Director of EHS at IPC
This week I had the pleasure of sitting down with Kelly Scanlon , DrPH, CIH, Director of Environmental Policy & Research, Global Government Relations, at IPC. IPC, as many of you know, is an organization accredited by the American National Standards Institute as a standards development organization. It publishes the most widely used acceptability standards for the electronic industry. Dr. Scanlon was brought on at IPC in 2019 to direct environment, health, and safety (EHS) policy and research, a role that has become critically important given certain Toxic Substances Control Act (TSCA) rulemakings that have extended TSCA jurisdiction to certain electronic product manufacturers. These regulatory developments, implemented against a backdrop of supply chain disruption occasioned by COVID-19, have made for a very eventful and likely unexpected first two years on the job. Dr. Scanlon and I discuss IPC’s work on EHS policy, enhanced regulation of articles under TSCA, and other challenges the electronics industry faces. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2022 Bergeson & Campbell, P.C. All Rights Reserved
Thu, February 17, 2022
Toxics and Human Rights — A Conversation with Baskut Tuncak, Director of TURI
This week I had the pleasure of sitting down with Baskut Tuncak , newly named Director, Toxics Use Reduction Institute (TURI), at the University of Massachusetts, Lowell. Baskut is a lawyer and former research chemist with a truly distinguished and fascinating career in a diverse range of public and private sector roles in toxics issues. Baskut most recently served as the United Nations (UN) Special Rapporteur on toxics and human rights. In our conversation, Baskut explains the role of rapporteur to the UN and outlines for us his goals as Director of TURI, one of three agencies implementing the Massachusetts Toxics Use Reduction Act. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2022 Bergeson & Campbell, P.C. All Rights Reserved
Thu, February 03, 2022
Bergeson & Campbell’s 2022 Forecast
This week I was thrilled to sit down with James V. Aidala , B&C’s Senior Government Affairs Consultant, and Dr. Richard E. Engler , B&C’s and The Acta Group’s (our consulting affiliate) Director of Chemistry, to discuss what to expect in 2022 with regard to industrial and agricultural chemical regulation. As our listeners know, each year we publish a Forecast, a written summary of our best professional judgment as to the trends and key developments we expect in the New Year. Our 2022 Forecast is a monster -- 103 pages of well written, expert analysis on global chemical developments. My conversation, spirited and candid, with Jim Aidala and Rich Engler, focuses on domestic industrial and pesticide policy, trends, and regulatory developments. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2022 Bergeson & Campbell, P.C. All Rights Reserved
Thu, January 20, 2022
How Can Battery Production Be Greener? — A Conversation with Mathy Stanislaus
Mathy Stanislaus was recently appointed as Vice Provost and Executive Director of Drexel University’s Environmental Collaboratory , which brings interdisciplinary expertise in environmental sciences, engineering, law, health, business, economics, policy , and humanities to co-design transformative environmental solutions in partnership with community leaders, nonprofits, corporations , and governments. He was formerly the Interim Director and Director of Public Policy and Engagement for the Global Battery Alliance (GBA) , a partnership of over 70 businesses, governments, and non-governmental organizations focused on ensuring that battery production supports green energy, safeguards human rights, and promotes health and environmental sustainability. During this episode of All Things Chemical, Lynn L. Bergeson and Mathy Stanislaus cover a broad range of issues, including the mission of GBA, Mathy’s new role, GBA’s fascinating and potentially transformational Battery Passport project, and other interesting topics. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2022 Bergeson & Campbell, P.C. All Rights Reserved
Thu, January 06, 2022
The Delicate Balance between Food and Climate — A Conversation with Katherine Meighan of IFAD
This week I was delighted to sit down with Katherine Meighan , Associate Vice-President and General Counsel of the International Fund for Agricultural Development (IFAD), a United Nations agency headquartered in Rome, Italy. We spoke with Katie in the summer of 2019, after an International Bar Association (IBA) webinar on sustainable investment in agriculture I helped organize in my role as Vice Chair of the IBA Agricultural Law Section. I was so impressed with Katie’s work, we decided to do a podcast shortly thereafter. Since then, much has changed, and IFAD’s role in eradicating poverty and hunger by investing in the rural poor has intensified greatly over the past two years. As the world now looks past the major climate conference that just wrapped up in Glasgow, there has been discussion about the inherent dilemma/contradiction between greening the planet/decreasing emissions and the need to feed people and support their livelihoods across a diverse range of populations. Katie discusses the delicate balance between food and climate, and the essential the role IFAD plays in addressing this challenge. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2022 Bergeson & Campbell, P.C. All Rights Reserved
Thu, December 23, 2021
What do “reasonably foreseen” and “unreasonable risk” really mean? — A Conversation with Richard Engler, Ph.D. and Todd Stedeford, Ph.D.
This week I sat down with Dr. Richard E. Engler , B&C’s and The Acta Group’s (our consulting affiliate) Director of Chemistry, and Dr. Todd J. Stedeford , B&C’s Of Counsel, to discuss a range of issues regarding the U.S. Environmental Protection Agency’s (EPA) all important implementation of the Lautenberg amendments to the Toxic Substances Control Act (TSCA). Rich was a 17-year veteran of EPA’s Office of Pollution Prevention and Toxics (OPPT) before joining our team. Todd is a more recent addition to our team, and is a lawyer and a toxicologist who recently completed a 20-year career with EPA where he served most recently as Senior Science Advisor in EPA’s OPPT, and in other EPA leadership positions. Rich and Todd discuss a range of issues I know our listeners will find interesting and timely. These include EPA new chemical reviews, when is something “reasonably foreseen,” and what is an “unreasonable risk,” among other topics. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2021 Bergeson & Campbell, P.C. All Rights Reserved
Thu, December 09, 2021
A Conversation with Michal Freedhoff, Ph.D., Assistant Administrator, OCSPP
This week I was delighted to sit down with Dr. Michal I. Freedhoff , Assistant Administrator, Office of Chemical Safety and Pollution Prevention (OCSPP), U.S. Environmental Protection Agency (EPA), arguably the busiest person in Washington, D.C. Dr. Freedhoff is EPA’s top Toxic Substances Control Act (TSCA) official, and she also administers the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Dr. Freedhoff discusses OCSPP’s priorities, plans for the new year, and focuses on a few key issues, including new chemical review, industrial chemical testing, EPA’s PFAS Action Plan for per- and polyfluoroalkyl substances, and how OCSPP is dealing with a workload that is not matched by existing resources. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2021 Bergeson & Campbell, P.C. All Rights Reserved
Thu, November 11, 2021
Higher Education, Management, and Climate Change — A Conversation with Kurt Landgraf
This week I sat down with Kurt M. Landgraf , former Chairman and CEO of DuPont Pharmaceuticals Company and most recently former President of Washington College located in Chestertown, Maryland. I have known Kurt for a number of years now, and I thought a conversation focusing on Kurt’s extraordinarily diverse background would be an interesting mix of pharmaceutical management issues, higher education, and Kurt’s observations on preparing students for careers in environmental disciplines. Kurt’s storied career makes for a fascinating conversation that I think you will enjoy. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2021 Bergeson & Campbell, P.C. All Rights Reserved
Thu, October 28, 2021
Exploring the Environmental Footprint of the Digital Economy — A Conversation with David Rejeski
David’s 1999 Paper on e-commerce and the environment This week I sat down with David Rejeski , Visiting Scholar with the Environmental Law Institute (ELI), to learn more about his engagement in the Project on the Energy and Environmental Implications of the Digital Economy. With support from the Alfred P. Sloan Foundation, ELI, the Yale School of the Environment, and the Center for Law, Energy & the Environment at UC Berkeley, the Project is shedding much-needed light on the true environmental and energy implications of the digital economy, focusing on blockchain technologies, sharing platforms, artificial intelligence, and other technologies. We also look back at David’s pioneering work on the implications of nanotechnology when he was heading up the Project on Emerging Nanotechnologies at the Woodrow Wilson International Center for Scholars. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2021 Bergeson & Campbell, P.C. All Rights Reserved
Thu, October 14, 2021
Re-release: Implementing Lautenberg — A Conversation with former OPPT Director Jeffery T. Morris, Ph.D.
All Things Chemical will reach our 3rd anniversary on October 23rd and we want to share this celebration with you. As we look back on the last three years I wanted to bring back an older episode from the summer of 2020, “Implementing Lautenberg — A Conversation with former OPPT Director Jeffery T. Morris, Ph.D.” During this episode I spoke with Jeff Morris about how the Office of Pollution Prevention and Toxics implemented Lautenberg back in 2016, and how TSCA can be implemented in the future to address social inequities and achieve its goals of environmental justice. I hope you enjoy it and take this opportunity to listen to some more episodes from our archives. ====== This week I sat down with Dr. Jeff Morris, immediate past Director of EPA’s Office of Pollution Prevention and Toxics (OPPT), the EPA office that regulates the industrial chemical sector. Jeff directed EPA’s implementation of the 2016 amendments to the Toxic Substances Control Act (TSCA) and headed the office most immediately impacted by the significant changes brought about by the Lautenberg amendments. In our discussion, we talk about how Jeff and his OPPT colleagues managed the daunting task of implementing a new law, and how the Agency has fared since the law’s enactment four years ago. We discuss Jeff’s interest in environmental justice, and how TSCA might be used to address the impact of environmental harms and their disproportionate adverse impact on people of color and the poor. We also discuss Jeff’s important role in EPA’s Office of Research and Development and its research program on nanomaterials and nanotechnology, and how his background prepared Jeff well for addressing TSCA’s application to emerging chemical technologies. We conclude by learning more about what Jeff is up to now in his new role as a principal in Jeff Morris Solutions, LLC. I really enjoyed my conversation with Jeff. He and I have known each other for many years, and I have long admired Jeff’s integrity, his commitment to public service, and his epic understanding of chemical policy, science, and regulation. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2021 Bergeson & Campbell, P.C. All Rights Reserved
Thu, September 30, 2021
TSCA Reform Reform? — A Conversation with Dennis Deziel
This week I sat down with my new colleague, Dennis R. Deziel , B&C’s and our consulting affiliate’s, The Acta Group, Senior Government Affairs Advisor, to discuss Toxic Substances Control Act (TSCA) reform. Dennis served as Director of Federal Government Affairs for the Dow Chemical Company when the TSCA amendments were considered and eventually enacted by Congress in 2016. After leaving Dow, Dennis served as EPA Region 1 Administrator (New England). I thought it would be interesting to speak with Dennis and seek his views on TSCA reform, as it was happening when he was a senior executive for one of the world’s largest chemical companies, and then as a Senate-confirmed political appointee, after TSCA reform was enacted and he was part of the team implementing the new law. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2021 Bergeson & Campbell, P.C. All Rights Reserved
Thu, September 16, 2021
EPA and PBTs: A New Normal? — A Conversation with Richard E. Engler, Ph.D.
This week I sat down with Dr. Richard E. Engler , B&C’s and The Acta Group’s (our consulting affiliate) Director of Chemistry, to discuss the U.S. Environmental Protection Agency’s (EPA) continuing struggle to regulate certain persistent, bioaccumulative, and toxic (PBT) chemicals, especially those found in finished products, what EPA refers to as “articles.” The Toxic Substances Control Act (TSCA) has always applied to the products, or articles, that contain chemical substances of interest to EPA under TSCA. While EPA previously used that authority somewhat sparingly, the 2016 Amendments to TSCA have jump-started a new wave of regulations that expressly apply to articles. EPA is required under TSCA to regulate certain PBTs, and EPA issued a final rule earlier this year that inspired chaos in the business community, especially in the electronics sector and its complicated supply chain. Rich and I discuss these PBT rules and help explain what may well be the new normal with regard to the regulation of finished products under TSCA. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2021 Bergeson & Campbell, P.C. All Rights Reserved
Thu, September 02, 2021
A Conversation with the NRDC’s Daniel Rosenberg
This week, I sat down with Daniel Rosenberg , Director, Federal Toxics Policy, Healthy People & Thriving Communities Program, at the Natural Resources Defense Council (NRDC). Daniel’s distinguished legal career has placed him at the forefront of the evolving law and policy of domestic chemical regulation. Daniel and I discuss new Toxic Substances Control Act (TSCA), the U.S. Environmental Protection Agency’s (EPA) implementation of the 2016 amendments to TSCA under Lautenberg, several recent regulatory initiatives involving persistent, bioaccumulative, and toxic (PBT) chemicals and per- and polyfluoroalkyl substances (PFAS), and much more. An engaging and formidable advocate, Daniel’s views are always forcefully spoken and clearly articulated. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2021 Bergeson & Campbell, P.C. All Rights Reserved
Thu, August 19, 2021
Compliance Checks and REACH — A Conversation with Karin Baron
This week I sat down with Karin F. Baron , Senior Regulatory Consultant at B&C and our consulting affiliate, The Acta Group. Karin works extensively with the European Union’s (EU) Registration, Evaluation, Authorization, and Restriction of Chemicals, better known as REACH, which is the EU counterpart to the U.S. Toxic Substances Control Act (TSCA). We discuss REACH Article 41 “compliance checks,” an innocuous-sounding component of REACH that has the potential to cause considerable business anxiety, delay, and expense if a company’s REACH dossier is found to be deficient as a result of a compliance check. Karin walks us through what these checks are for, what could happen if you are caught up in one, and how best to respond if your dossier becomes ensnared in a compliance check. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2021 Bergeson & Campbell, P.C. All Rights Reserved
Thu, August 05, 2021
Occupational Exposure Limits for Nanomaterials — A Conversation with Carla Hutton
This week I sat down with Carla N. Hutton , Regulatory Analyst at B&C. Carla is also co-editor of the Nano Blog that B&C has prepared for years. Carla is uniquely well suited to discuss a report the National Institute for Occupational Safety and Health (NIOSH) recently issued on developing occupational exposure limits or “bands” for engineered nanomaterials. There are thousands of chemicals in use in the workplace, but far fewer government-issued, authoritative, peer-reviewed occupational exposure limits for workplace chemicals. The recent NIOSH report discusses an approach to evaluate scientific information to derive occupational exposure limits or bands for engineered nanomaterials. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2021 Bergeson & Campbell, P.C. All Rights Reserved
Thu, July 22, 2021
An explosive conversation about GHS and combustible dust — with Karin Baron
This week I sat down with Karin F. Baron , Senior Regulatory Consultant at B&C and our consulting affiliate, The Acta Group. We tackle the daunting topic of combustible dust, a common workplace hazard that is more pervasive perhaps than people think. Combustible dust poses an explosion hazard in a wide variety of industries, including food, plastic, wood, and textiles, among many others. Karin helps us understand what combustible dust includes and then walks us through the somewhat complicated governance frameworks that have emerged among the Occupational Safety and Health Administration (OSHA), private standard-setting organizations, and the Globally Harmonized System of Classification and Labeling of Chemicals (GHS). The space is crowded and remarkably unclear, especially given the severity of the incidents that have occurred over the years. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2021 Bergeson & Campbell, P.C. All Rights Reserved
Thu, July 08, 2021
New PFAS: Is Anything NOT Reportable? — A Conversation with Richard E. Engler, Ph.D.
This week I sat down with Dr. Richard E. Engler , B&C’s and The Acta Group’s (our consulting affiliate) Director of Chemistry, to discuss a very new component on the U.S. Environmental Protection Agency’s (EPA) PFAS Action Plan. The plan represents EPA’s “all of agency” approach to address the risks posed by per- and polyfluoroalkyl substances (PFAS) that can accumulate in humans and remain in the body for long periods. PFAS have been widely used in many consumer articles for years, and the action plan represents the totality of EPA’s actions to identify areas of risk and steps to address risks to human health and the environment. EPA recently proposed a PFAS reporting rule under the Toxic Substances Control Act (TSCA) that would compel the submission of certain information on some 1,000 listed PFAS chemicals. The proposal is controversial because of how it defines this class of chemicals, the standard of knowledge that triggers reporting, and the types of entities subject to the reporting requirements. Rich Engler helps us understand what these issues are and why you should care. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2021 Bergeson & Campbell, P.C. All Rights Reserved
Thu, June 24, 2021
Changes to TSCA for Small Businesses? — A Conversation with Bruce Jarnot, Ph.D.
This week, I sat down with Bruce Jarnot , Ph.D., DABT ® , Senior Manager, Product Compliance, at Assent Compliance . Bruce is a board-certified industrial toxicologist with much experience assisting businesses with chemical product compliance. I have known Bruce for years, but over the past several months, Bruce and I have spoken often about the U.S. Environmental Protection Agency’s (EPA) implementation of the Toxic Substances Control Act (TSCA) and certain new rules that apply to manufacturers of finished goods, called “articles” under TSCA. Several rules issued in final this year or proposed apply to importers of finished goods and other downstream entities. A proposed reporting rule issued in June would apply to small businesses, a cohort historically exempt from TSCA reporting requirements. We discuss these rules and their significant commercial impacts, and we speculate on whether these broad reporting requirements are the new normal under new TSCA. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2021 Bergeson & Campbell, P.C. All Rights Reserved
Thu, June 10, 2021
Update on European Union Chemical Management Issues — A Conversation with EPPA’s Meglena Mihova
This week, I sat down with Meglena Mihova , Managing Partner, EPPA , the Brussels-based premier consultancy on matters involving key business sectors, including chemicals and chemical regulation. Meglena is expert on all matters involving the European Chemicals Agency (ECHA) and the complex relationships between and among ECHA, European Union (EU) member states, the European Commission, and other stakeholders. Meglena chairs the Environment Committee of the American Chamber of Commerce to the EU, which is the leading U.S. business representation body in the EU. We cover a lot of territory, including amendments to the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) regulations, the EU Green Deal, the chemicals strategy for sustainability under the EU Green Deal, and the regulation of per- and polyfluoroalkyl substances (PFAS) and microplastics. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2021 Bergeson & Campbell, P.C. All Rights Reserved
Thu, May 27, 2021
TSCA Section 4 and Consortia Formation — A Conversation with Heather Blankinship and Richard Engler, Ph.D.
This week, I sat down with Heather J. Blankinship , Senior Manager with B&C Consortia Management, a Bergeson & Campbell affiliate, and Richard E. Engler, Ph.D ., B&C’s Director of Chemistry, to discuss chemical testing under the Toxic Substances Control Act (TSCA). Since Congress amended TSCA in 2016, EPA has been slowly ratcheting up required chemical testing under TSCA Section 4. Congress gave EPA expanded testing authority under the 2016 Amendments, and EPA is exercising its new authority to compel chemical data production. These test orders authorize EPA to demand the production of new test data by the manufacturers and sometimes processors of the chemical substances at issue. Transactionally, this means competitors in the marketplace band together to generate the data EPA seeks. We discuss the reality of quickly forming these consortia and the business and scientific challenges consortia managers face in complying with these federally enforceable test orders. It is not as easy as you may think! ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2021 Bergeson & Campbell, P.C. All Rights Reserved
Thu, May 13, 2021
Pesticide and Cannabis Regulation in Colorado — A Conversation with Brenna Finn
This week, I sat down with Brenna Finn , Assistant Attorney General, Colorado Department of Law. I am proud to report that Brenna was a law intern here at the firm years ago, as Brenna began her legal career, and pleased to report that her experience with the firm focused her career, in part, on chemical regulation. Brenna’s substantive skills in Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and Toxic Substances Control Act (TSCA) regulation have served her well in private practice and prepared her for her current position with the State of Colorado Attorney General’s office, where Brenna heads up the Agricultural Unit in the Business & Licensing Section of the Colorado Department of Law. Brenna enforces the Department’s pesticide registration and application laws, among other responsibilities. Brenna is also an adjunct law professor at the University of Denver, Sturm College of Law, where she teaches Food and Pesticide Regulation. After briefly summarizing Brenna’s successful career, we discuss Colorado’s regulation of pesticides used on cannabis and the key enforcement issues on which Brenna’s unit focuses. We also review other enforcement priorities in the state, as Colorado grows many crops in addition to cannabis. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2021 Bergeson & Campbell, P.C. All Rights Reserved
Thu, April 29, 2021
Let’s Talk About Europe’s Plastics Implementing Measure — A Conversation with Scott Burya, Ph.D.
This week, I sat down with Scott J. Burya, Ph.D. , a regulatory chemist with B&C and our affiliated consulting firm, The Acta Group. Scott works extensively in the food contact area and other areas involving Federal Food, Drug, and Cosmetic Act (FFDCA) regulatory matters. We discuss how U.S. regulatory professionals working in the all-important food contact space can leverage a European Union (EU) measure applicable to plastic food contact materials and articles. The Plastics Implementing Measure, or PIM, includes, among other features, a list of more than 1,000 chemical substances and specific migration levels. Scott describes the EU measure and its strengths and perceived deficits, and discusses how U.S. regulatory professionals in this space can leverage the PIM and the specific migration limits in other regulatory contexts here in the United States and elsewhere. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2021 Bergeson & Campbell, P.C. All Rights Reserved
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