This week, I sat down with my colleague, L. Claire Hansen, a Legal Intern here at B&C and Regulatory Analyst for The Acta Group (Acta®), B&C’s consulting affiliate, to discuss the European Union Deforestation Regulation (EUDR). With its fast-approaching December 31, 2025, effective date, U.S. product exporters to the European Market whose goods contain seven commodities -- cocoa, coffee, cattle, palm oil, soy, wood, and rubber, and those products made from them listed in Annex 1 -- need to be keenly aware of this regulation and prepare to comply with it.

I discuss with Claire the basic requirements of the regulation, who is in scope, the costs of non-compliance, and how best to prepare for the effective date.

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

On June 25, 2025, 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 -- Nine Years Later. The conference was hugely successful and almost 1,000 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) Plastics Production, Use, and Recycling: Key TSCA Considerations. The includes an overview of the plastic waste crises, the U.S. Environmental Protection Agency’s (EPA) regulation of plastic chemicals under TSCA, EPA’s approach to the regulation of plastic waste as a chemical feedstock, 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.

©2025 Bergeson & Campbell, P.C.  All Rights Reserved

On June 25, 2025, 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 -- Nine Years Later. The conference was hugely successful and almost 1,000 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 the Frank R. Lautenberg Chemical Safety for the 21st Century Act (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 spirited panel discussion addresses the Office of Pollution Prevention and Toxics’ (OPPT) new approaches to assess chemical risks to accelerate the process, 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.

©2025 Bergeson & Campbell, P.C.  All Rights Reserved

On June 25, 2025, 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 -- Nine Years Later. The conference was hugely successful and almost 1,000 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 the Frank R. Lautenberg Chemical Safety for the 21st Century Act (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 reconsideration of the risk framework rule and the legal challenge to it, EPA’s pivot away from the whole chemical approach, 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.

©2025 Bergeson & Campbell, P.C.  All Rights Reserved

On June 25, 2025, 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 -- Nine Years Later. The conference was hugely successful and almost 1,000 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 the risk management options EPA considers to manage those risks. Panelists address how EPA manages workplace risks, enforcement mechanisms for risk management restrictions, whether EPA’s risk management rulemakings are over or under addressing risks deemed unreasonable, and the legal challenges underway for all five risk management rules.

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

This week, I sat down with Lisa R. Burchi, Of Counsel to Bergeson & Campbell, P.C. and resident expert on Proposition 65, among many other chemical laws. Lisa explains why businesses doing business in California need to know about the latest version of the so-called “short form” warning requirements that will be fully phased in by 2028. That may sound like a long way off, but it is not. We also discuss the complicated history of the short form label changes, some of the business considerations pertinent to the selection of the short form label of which stakeholders should be aware, and we cover the significant consequences of non-compliance with the warning requirements.

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

This week, I discuss with my colleague, Kelly N. Garson, a Senior Associate here at B&C and Regulatory Consultant for The Acta Group (Acta®), B&C’s consulting affiliate, the implications of the demise of Chevron deference, especially as it relates to Toxic Substances Control Act (TSCA) litigation. We discuss what Chevron deference is, other types of deference that are still very much a part of judicial review, and how Chevron’s elimination could impact the implementation of the 2016 amendments to TSCA given the many issues in dispute now pending before many federal circuit courts.

Resources:

• Lynn L. Bergeson, Kelly N. Garson, “Loper Bright and TSCA: Will the demise of Chevron matter?,” Chemical Watch, July 22, 2024.
• Environmental Defense Fund v. U.S. Environmental Protection Agency, No. 23-1166 (D.C. Cir. Dec. 20, 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.

©2025 Bergeson & Campbell, P.C.  All Rights Reserved

This week, I was pleased to welcome back to the studio Jim Aidala, Senior Government Affairs Consultant at B&C and its consulting affiliate, The Acta Group (Acta®), to discuss the first six months of the Trump Administration. We have all been trying to take in and process the many Executive Orders, Presidential Directives, and other developments of all sorts coming out of the White House at a head-spinning pace, and assess their  impacts on the industrial and agricultural chemical community and federal workforce. Jim is a keen observer of Presidential and executive level administrative action, having served as the Assistant Administrator of Toxics at The U.S. Environmental Protection Agency (EPA) and in other senior EPA leadership positions. We discuss Presidential actions, their impact on the EPA workforce, EPA actions to date, and a bit about the Make America Healthy Again (MAHA) Report’s “Make Our Children Healthy Again” Assessment and its impact on the pesticide 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

This week, I discuss with Patricia Underwood, Ph.D., DABT, MBA, Chief Toxicologist, Principal Director – Chemical and Material Risk Management, Office of the Assistant Secretary of Defense, Department of Defense, and my colleague, Richard E. Engler, Ph.D., Director of Chemistry for B&C and The Acta Group (Acta®), our consulting affiliate, the U.S. Department of Defense’s (DOD) recent Request for Information (RFI) on chemicals undergoing U.S. Environmental Protection Agency (EPA) review as part of the Toxic Substances Control Act (TSCA) Section 6 risk evaluation process. DOD has a significant need for certain chemicals but admittedly has no tracking system for upstream applications of chemicals to understand the implications of EPA’s identification of high priority substances and risk evaluation of them under TSCA Section 6. Dr. Underwood and Dr. Engler discuss the recent RFI issued by DOD to provide this line of sight and they reflect upon the growing importance of supply chain transparency in DOD applications and in the private sector as a whole.

• Chemical and Material Risk Management Program (CMRMP) Toxic Substances Control Act (TSCA) Market Analysis

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

Hello, this is Lynn Bergeson. As many of our listeners may know, we here at Bergeson & Campbell, P.C. recently published a book through the American Bar Association's Section of Environment, Energy, and Resources, titled Chemical Product Law and Supply: A Guide to New TSCA.

Recently, my ABA colleague Amy Edwards, a partner at Holland & Knight LLP, and I recorded a podcast to discuss the book—why we wrote it, and why chemical stakeholders of all kinds—especially business professionals, non-TSCA experts, and those involved in due diligence and commercial transactions—should read it.

The podcast was a lot of fun and a great listen. I hope you enjoy the episode and, of course, read our book.

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