Bergeson & Campbell, P.C.

US legal lookout: 2008 outlook for chemicals and pesticides

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Courtesy of Courtesy of Bergeson & Campbell, P.C.

A summary outlook on trends and developments in EPA’s regulation of chemicals and pesticides in 2008. With this being an election year, little legislation is expected to be considered during 2008 on the environmental front. Endocrine disruptors, however, will be a main subject of review in 2008. EPA seeks to impose the initial screening test requirements on a number of pesticides before the end of this year. Any test results will then be considered by the next administration, but even before that, the selection or removal from the list of pesticides to be tested may itself become controversial.

Although required to be started years ago under the Food Quality Protection Act, EPA is only now articulating the process planned to be used to issue testing orders for the first proposed list of chemicals and all pesticides. The comment period remains open on the first list, which will undoubtedly include criticism of the methods EPA used to select particular pesticides. There remains a concern that any on this first list, however described as merely a list of testing requirements, could lead to misrepresentation that the list is one of per se harmful substances. The agency has carefully crafted its messages to avoid such an outcome, but the issuance of the final list will be another opportunity for challenging media coverage.

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