By Lynn L. Bergeson
The Environmental Law Institute (ELI) recently released Environment 2021: What Comes Next?, a report that looks at the Trump Administration’s impact on environmental law and policy and what lies ahead. ELI states that the report is “a response to growing demand for analysis of how deregulatory initiatives by the Trump Administration will affect environmental protection, governance, and the rule of law with a focus on what might happen in a second Trump administration or a new administration.” According to ELI, the report:
- Assesses the Trump Administration’s steps to remake federal environmental regulation and redefine the relationships among state and federal environmental decisions;
- Identifies key categories of action affecting environmental regulation and examines some possible future outcomes; and
- Helps environmental practitioners, policymakers, and the public at large think about what lies ahead, looking particularly at the nation’s ability to address new problems and confront as yet unsolved challenges, such as environmental justice.
Bergeson & Campbell, P.C.’s (B&C®) Karin F. Baron, MSPH, and Richard E. Engler, Ph.D., will present “Evaluating New Chemicals and Disconnects in Hazard Communication” during this year’s virtual PSX Conference from September 15 to 17, 2020. Ms. Baron is a Senior Regulatory Consultant with B&C and has more than 15 years of experience developing, implementing, and managing complex chemical regulatory compliance matters for industrial and specialty chemical companies around the globe. Dr. Engler is B&C’s Director of Chemistry and a 17-year EPA senior staff veteran. Conference registration is now open. Register by August 10, 2020, to get early-bird rates!
By Lynn L. Bergeson
On June 26, 2020, the Biotechnology Innovation Organization (BIO), a Biobased and Renewable Products Advocacy Group (BRAG®) member, announced the winners of its 2020 Start-Up Stadium competition. The competition had 30 finalists that were evaluated during BIO Digital in June, by expert judges with backgrounds in investment, entrepreneurship, start-ups, economic development, capital formation, and academia. Five winners were chosen based on their commercially viable cutting-edge technologies and therapeutic solutions. Competition winners will receive:
- A one-year membership in BIO;
- Four hours of complimentary legal services;
- One-hour advisory discussion with two venture capital firms; and
- A “fast-track” accelerator application and nomination into the final selection phase for up to a $10,000 sequencing grant.
Bergeson & Campbell, P.C. (B&C®) is pleased to release a timely episode of the All Things Chemical™ podcast, “Chemical Distribution in the Time of COVID-19 — A Conversation with Eric R. Byer, NACD.” In this episode, Lynn L. Bergeson, Managing Partner, B&C, and Eric Byer, President and CEO of the National Association of Chemical Distributors (NACD), sat down to discuss current challenges facing small and large chemical distributors, and how NACD member companies are able to continue to distribute much needed chemical products, including sanitizers and other cleaning products, in response to the pandemic.
Lynn and Eric’s conversation focuses on unique “in the moment” issues and a broad range of federal, state, and international issues on which NACD is focused, including extending the Chemical Facility Anti-Terrorism Standards (CFATS) program, Toxic Substances Control Act (TSCA) implementation initiatives, and the impact of tariffs on imports from China on NACD member companies. Eric is an amazing leader of an essential trade association, and this conversation provides insights into his success as President and CEO of NACD.
The full podcast episode is available to stream online, where listeners can also find the recent podcast “COVID-19, FIFRA, and EPA — A Conversation with Lisa Campbell” Additional updates on chemical regulatory activity related to COVID-19 can be found on B&C’s Pesticide Law and Policy Blog® and on the Regulatory Developments page of B&C's website, including these recent updates:
All Things Chemical™ engages listeners in intelligent, insightful conversation about everything related to industrial, pesticidal, and specialty chemicals and the law and business issues surrounding chemicals. B&C’s talented team of lawyers, scientists, and consultants will keep listeners abreast of the changing world of both domestic and international chemical regulation and provide analysis of the many intriguing and complicated issues surrounding this space. All Things Chemical™ is available now on iTunes, Spotify, Stitcher, and Google Play Music. Subscribe so you never miss an episode.
Register now for the American Bar Association (ABA) webinar “Navigating the Jurisdictional Tightrope Between Biopesticides, Biostimulants, and Related Emerging Technologies” with Bergeson & Campbell P.C. (B&C®) professionals deconstructing the jurisdictional boundaries distinguishing pesticides, biopesticides, plant regulators, biostimulants, and related technologies. The webinar will focus on draft EPA guidance intended to clarify the lines between and among those products that are subject to FIFRA registration as plant regulators and those biostimulant products not subject to FIFRA registration. The webinar also will focus on new and evolving chemistry and technology issues that may blur some jurisdictional lines or potentially move products from one category to another. Lynn L. Bergeson, Managing Partner, B&C; Lisa R. Burchi, Of Counsel, B&C; and Sheryl Dolan, Senior Regulatory Consultant, B&C, will present.
By Lynn L. Bergeson
On November 4, 2019, 60 organizations unified in an effort to urge U.S. President Donald Trump to reconsider EPA’s proposed amendments to the Renewable Fuel Standard (RFS) program. Signed by organizations such as the Biotechnology Innovation Organization (BIO), a Biobased and Renewable Products Advocacy Group (BRAG®) member, the letter to the President indicates flaws within the aforementioned proposal released on October 15, 2019. Arguing that the proposed amendments would not accurately account for small refiner exemptions (SRE), the letter authors state that “[t]he flawed proposal swaps out a critical component of the SRE remedy sought by farmers and the biofuels industry,” failing to achieve its mission to incentivize farm economies. Given the proposal to recover gallons of biofuel exemptions based on the U.S. Department of Energy’s (DOE) recommendations, the proposed amendment would lead to a “bureaucratically uncertain path that recovers only one fraction of those gallons lost to SREs and could result in RFS backsliding in 2020.” Therefore, the letter concludes by urging President Trump to consider SRE accountability based on a rolling average of the actual volumes exempted by EPA during the three compliance years. Similar concerns and requests have been expressed by many industry stakeholders via docket comments as well as during last week’s public hearing held by EPA. The comment period ends on November 29, 2019, and doubts continue as industry expects EPA’s final rulemaking.
By Lynn L. Bergeson and Ligia Duarte Botelho, M.A.
On October 28, 2019, the U.S. Environmental Protection Agency (EPA) published in the Federal Register a supplemental proposal on adjustments to the percentage standards for 2020 that result from the amended definitions of two terms used to calculate the percentage standards under the Renewable Fuel Standard (RFS). Signed and pre-published on October 15, 2019, by EPA Administrator Andrew Wheeler, the notice of the proposed rule is no surprise. The proposed supplemental proposal, if approved, will establish the cellulosic biofuel, advanced biofuel, and total renewable fuel volumes for 2020 and the biomass-based diesel volume for 2021. Although the rule does not change the volumes for 2020 and 2021 proposed in July 2019, it proposes and seeks comment on adjustments to the way that annual renewable fuel percentages are calculated. Annual renewable fuel percentage standards are used to calculate the number of gallons each obligated party is required to blend into their fuel or to obtain otherwise renewable identification numbers (RIN) to demonstrate compliance. Specifically, EPA is seeking comment on projecting the volume of gasoline and diesel that will be exempt in 2020 due to small refinery exemptions based on a three-year average of the relief recommended by DOE, including where DOE had recommended partial exemptions. EPA intends to grant partial exemptions in appropriate circumstances when adjudicating 2020 exemption petitions. EPA proposes to use this value to adjust the way it calculates renewable fuel percentages.
Comments must be received on or prior to November 29, 2019.
On October 30, 2019, EPA held a public hearing on the proposed rule in Ypsilanti, Michigan, where affected stakeholders had a chance to provide testimony. One of the testimonies given was from Renewable Fuels Association (RFA) President and Chief Executive Officer (CEO) Geoff Cooper. Cooper told EPA that “this proposal fails to reflect the letter and spirit of the president’s commitment to restore integrity to the RFS, fails to assure that the statutorily-required 15-billion-gallon level for conventional biofuels will be met, and fails to restore stability in the marketplace by definitively ending the practice of allowing small refinery exemptions from eroding RFS biofuel demand.” Outlining the weaknesses of EPA’s proposal, Cooper highlighted that not only has EPA seldom followed DOE’s recommendations in deciding small refinery exemption (SRE) petitions, but also that it will not succeed. According to Cooper, because EPA bases averages of what DOE recommends and not of the waivers actually granted, and the former is significantly less than the latter, the proposed rule is not promising. Cooper’s full written testimony can be accessed here.
By Lynn L. Bergeson
This month, the American Cleaning Institute (ACI), a Biobased and Renewable Products Advocacy Group (BRAG®) member, published its 2019 Sustainability Report titled The Future Is Clean. In its 2019 report, ACI outlines its sustainability goals, which include increased transparency, the reduction of GHG emissions, and the move toward a circular global economy. As part of its activities to achieve such goals, ACI has worked on filling knowledge gaps, harnessing power in the power of convening, uniting for a cleaner world, and further developing its sustainability organizations. In its report, ACI also highlights its support for the United Nations (UN) Sustainable Development Goals (SDGs) and how its future goals can positively contribute to the SDGs.
Managed by B&C® Consortia Management (BCCM), BRAG is a consortium of international and well-respected member organizations and companies engaged in the development of biobased or renewable chemical products. BRAG members recognize the importance of advocacy, education, and communication. For further information, see the BRAG webpage on membership.
The Product Stewardship Society (PSS) Board of Directors inducted Lynn L. Bergeson as President during its annual board meeting preceding the Product Stewardship conference being held in Columbus, Ohio, September 10-12, 2019. Ms. Bergeson, Managing Partner of Bergeson & Campbell, P.C. (B&C®), will serve as President through 2021. Ms. Bergeson has served on the PSS Board of Directors since 2015.
PSS is an affiliate of the American Industrial Hygiene Association (AIHA®), launched in 2012 to drive the product stewardship profession forward by providing resources, professional development, and networking opportunities that serve the needs of professionals globally. PSS and AIHA announced in late 2018 the joint development of an ANSI-certified product stewardship credential, and progress toward the launch of the test-based credential continues in 2019. PSS recently published Professional Practices of Product Stewardship, a first-of-its-kind textbook providing deep insight into core areas of product stewardship, including product risk management, product life cycle management, management of product compliance and liability, and product stewardship strategy and program management. Other PSS publications include Realizing the Full Business Value of Product Stewardship, for which Ms. Bergeson authored the chapter “Legal Considerations Relating to Tort and Product Liability Law,” and Core Competencies for the Product Stewardship Professional. All publications are available on the PSS website.
Lynn L. Bergeson is also Vice Chair of the International Bar Association (IBA) Agricultural Law Section, Vice Chair of the American Bar Association (ABA) Section of Environment, Energy, and Resources Committee on Pesticides, Chemical Regulation, and Right-to-Know, and a former Chair of the ABA Section of Environment, Energy, and Resources. Ms. Bergeson is consistently recognized among the elite practitioners of chemical regulatory law by Best Lawyers, Super Lawyers, and The Washingtonian, among others. Chambers and Partners USA 2019 edition, where she was ranked Band 1, notes Ms. Bergeson’s “stellar reputation in the environment space”and quotes clients as saying: “If you need advice in the chemical regulatory arena, there is no better choice than Lynn.”Ms. Bergeson is also President of The Acta Group (Acta®), B&C’s scientific and regulatory consulting arm with offices in Washington, D.C., the United Kingdom, and Belgium, and President of B&C® Consortia Management, L.L.C. (BCCM), which helps the chemical industry form consortia to achieve shared research, testing, and regulatory goals.
By Lynn L. Bergeson
On September 18, 2019, the D.C. Women’s Business Center (WBC) and the National Community Reinvestment Coalition (NCRC) will host the 2019 Just Ambitious Small Business Awards. The awards honor woman entrepreneurs who have demonstrated achievements, innovation, and vision in support of the District of Columbia’s small business community and economic vitality. WBC and NCRC are now accepting applications for the 2019 awards in the following categories:
- NCRC Community Engagement of the Year
- NCRC Youth Entrepreneur of the Year
- Environmental Entrepreneur of the Year
- Start-Up of the Year
- Veteran Woman-Owned Business of the Year
- Woman Empowerment Entrepreneur of the Year
- Womanpreneur Under 40 of the Year
Businesses can be nominated for multiple awards. WBC and NCRC encourage self-nominations. To qualify for the award, applicants must either be or nominate a registered business entity that has been in business for at least one full year. The business must be at least 51 percent woman-owned. Non-profits that devote a significant portion of time to assisting entrepreneurs may also apply. The deadline for application submissions is September 4, 2019, by close of business.