Lynn L. Bergeson
Managing Partner
 

 
T: 202-557-3801
F: 202-557-3836
M: 202-257-2872
 
Download vCard
 
EDUCATION:

BA, Michigan State University, 1975, magna cum laude

JD, Columbus School of Law, Catholic University of America, 1979, Law Review

 
RANKINGS & RECOGNITION:

U.S. News and World Report -- Best Law Firms, First-Tier Ranking for Environmental Law (2012-2016)

2011 Inductee, American College of Environmental Lawyers

The Best Lawyers in America®, Washington DC’s Best Lawyers in Environmental Law (2009, 2013-2017)

Chambers USA: Environmental Law Band 1 (2005-2016)

Who’s Who Legal, Top Ten “Most Highly Regarded Individuals,” Environment Law (2009, 2013-2016)

Who’s Who Legal of Environment Lawyers (2004-2016)

Law360's Five Most Admired Environmental Attorneys (2010)

Martindale-Hubbell’s Top Women Lawyers in the Northeast for Environmental Law (2011)

Nanotechnology Law & Business’s List of Top Ten Experts in Environmental, Health, and Safety Issues Related to Engineered Nanomaterials (2009)

Super Lawyers (2008-2016)

Washingtonian's List of Top Lawyers (2009-2016)

 

PRINT

Owner of Bergeson & Campbell, P.C. (B&C®), Lynn L. Bergeson has earned an international reputation for her deep and expansive understanding of the Toxic Substances Control Act (TSCA), the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), European Union Registration, Evaluation, Authorization and Restriction of Chemicals (REACH), and especially how these regulatory programs pertain to nanotechnology, industrial biotechnology, synthetic biology, and other emerging transformative technologies. Her knowledge of and involvement in the policy process allows her to develop client-focused strategies whether advocating before Congress, the U.S. Environmental Protection Agency (EPA), the U.S. Food and Drug Administration (FDA), or other governance and standard-setting bodies.

Ms. Bergeson counsels corporations, trade associations, and business consortia on a wide range of issues pertaining to chemical hazard, exposure and risk assessment, risk communication, minimizing legal liability, and evolving regulatory and policy matters pertinent to conventional, biobased, and nanoscale chemicals, particularly with respect to TSCA, FIFRA, Food Quality Protection Act (FQPA), REACH and REACH-like programs, and Occupational Safety and Health Administration (OSHA) matters.

She served as chair of the American Bar Association Section of Environment, Energy, and Resources, and has served in many Section leadership positions. She has served on the Board of Directors of the Environmental Law Institute, the NanoBusiness Commercialization Association, and the Product Stewardship Society, among other business and law organizations, and lectures and writes frequently on legal, regulatory, and science policy issues. Ms. Bergeson is also President of The Acta Group (Acta®), B&C's scientific and regulatory consulting arm, which assists chemical and product manufacturers in marketing and sustaining their products globally, and President of B&C Consortia Management, L.L.C., which helps the chemical industry leverage resources and maximize impact by forming consortia to achieve shared research, testing, regulatory, and access goals.

According to the Chambers USA Guide: "The universally highly regarded Lynn Bergeson of Bergeson & Campbell, P.C. has developed an enviable reputation in chemical and pesticide regulatory work, with particular expertise in nanotechnology. 'She is probably the premier pesticide lawyer in DC,' notes one impressed commentator. Peers predict that she is set to become 'one of the most important lawyers in America.'"

Representative Engagements:

  • Assists a global manufacturer of industrial and consumer products register and maintain chemical product approvals in all jurisdictions in which its products are marketed.
  • Among the first U.S. law firms to assist several manufacturers of nanoscale chemical products obtain approval for their innovations under TSCA, and have devised and maintained product stewardship programs in multiple global jurisdictions to manage these nanoscale products effectively.
  • Among the first law firms judicially to challenge a Significant New Use Rule (SNUR) issued under TSCA Section 5 to eliminate or lessen commercial restrictions placed on the manufacture, processing, and distribution of a new chemical substance.
  • Assists several biobased chemical manufacturers address difficult TSCA nomenclature and chemical identity issues and devise and implement product stewardship protocols to manage these products with downstream stakeholders.
  • Assists clients prepare and obtain approvals for chemicals produced by intergeneric microorganisms.

Professional & Community Involvement:

Appointed by Maryland Governor Martin O’Malley to serve on the Washington College Board of Visitors and Governors, 2013-2016, and by Maryland Governor Larry Hogan, 2016 - 2022

Member, Product Stewardship Society Board of Directors, 2015 --

Member, Industrial Biotechnology Journal, Editorial Board, 2014 --

Chair, American Bar Association Section of Environment, Energy, and Resources Special Committee on TSCA Reform, 2009--

Vice Chair, American Bar Association Section of Environment, Energy, and Resources Committee on Pesticides, Chemical Regulation, and Right-to-Know, 2008—

Member, the American Bar Association Section of Environment, Energy, and Resources Governance Committee, 2013-2014

Member, the ISO Technical Committee 229 on Nanotechnologies Steering Committee Member, the Organization for Economic Cooperation and Development’s (OECD) Conference on Potential Environmental Benefits of Nanotechnology: Fostering Safe Innovation-Led Growth, Paris, France, 2009

Member, the American National Standards Institute (ANSI) Nanotechnology Standards Panel (NSP) Steering Committee, 2004-2005

Editor, American Bar Association Section of Environment, Energy, and Resources Pesticides, Chemical Regulation, and Right-To-Know Committee Newsletter

Chair of the Environment, Health, and Safety Committee of the NanoBusiness Commercialization Association

Member, Steering Committee of EPA's Pollution Prevention Through Nanotechnology Conference

The President’s Council of Advisors on Science and Technology Nanotechnology Technical Advisory Group (PCAST nTAG)

Professional Memberships:

American Bar Association (ABA) Section of Environment, Energy, and Resources

American College of Environmental Lawyers (ACOEL)

Bar Association of the District of Columbia

District of Columbia Bar

Women's Bar Association of the District of Columbia

Bar & Court Admissions:

U.S. Court of Appeals for the District of Columbia Circuit, 1982

U.S. District Court for the District of Columbia, 1983

District of Columbia, 1980

Publications:

Books:

Lynn L. Bergeson, Charles M. Auer, Co-Editors, New TSCA: A Guide to the Lautenberg Chemical Safety Act and Its Implementation, American Bar Association Section of Environment, Energy, and Resources (2017).

Lynn L. Bergeson, Richard E. Engler, Ph.D., co-authors, “Pesticides, Chemical Regulation, and Right-To-Know 2016 Annual Report,” in The Year in Review 2016: Environment, Energy, and Resources Law, American Bar Association (2017).

Lynn L. Bergeson, et al., Global Chemical Control Handbook: A Guide to Chemical Management Programs, ABA, (2014).

Lynn L. Bergeson, contributing author, The RCRA Practice Manual, American Bar Association Section of Environment, Energy, and Resources (2013).

Lynn L. Bergeson, Editor, Nanotechnology: Environmental Law, Policy, and Business Considerations, American Bar Association (2010).

Lynn L. Bergeson, Nanotechnology Deskbook, Environmental Law Institute (2008).

Articles:

Lynn L. Bergeson, Daniel B. González, Anabela Aldaz, and Christopher J. McNevin, "Mini-Roundtable: Environmental Disputes," Corporate Disputes, July-September, 2017.

Lynn L. Bergeson, “TSCA Reform: Key Provisions and Implications,” Environmental Quality Management, Winter 2016.

Lynn L. Bergeson, Timothy D. Backstrom, and Bethami Auerbach, “Something Inside That Shoebox Really Stinks,” Focus, February 2017.

Lynn L. Bergeson, Charles M. Auer, and Carla Hutton, "Practitioner Insights: A Review and Analysis of TSCA Reform Provisions Pertinent to Manufacturers and Processors of Nanoscale Materials," BNA Daily Environment Report, January 26, 2017.

Lynn L. Bergeson, "Enlisting Modern Technologies to Ensure a Safe Food Supply," Natural Resources & Environment, Volume 31, Issue 3, Winter 2017.

Lynn L. Bergeson, "Next Generation Compliance and Its Implications for Industry," Environmental Quality Management, Volume 26, Issue 1, Fall 2016.

Charles M. Auer, Lynn L. Bergeson, “Role of ‘Conditions of Use’ Under Sections 5 and 6 of Amended Toxics Law,” BNA Daily Environment Report, October 14, 2016.

Charles M. Auer, Lynn L. Bergeson, “Is The Section 5 Review Period Fixed Or Flexible In New TSCA?,” ABA Section of Environment, Energy, and Resources PCRRTK Newsletter, September 2016.

Lynn L. Bergeson, Charles M. Auer, "An Analysis of TSCA Reform Provisions Pertinent to Industrial Biotechnology Stakeholders," Industrial Biotechnology, Volume 12, Issue 4, August 2016.

Kathleen M. Roberts, Richard E. Engler, Ph.D., Charles M. Auer, Lynn L. Bergeson, "An Analysis of Section 8 of the New Toxic Substances Control Act," BNA Daily Environment Report, August 9, 2016.

Lynn L. Bergeson, "In-House Counsel Beware: TSCA Reform Impacts Everyone," Law360, June 15, 2016.

Lynn L. Bergeson, "TSCA Reform: Is It Still in Our Future?," Industrial Biotechnology, April 5, 2016.

Lynn L. Bergeson, "The EPA Proposes Changes to RCRA Hazardous Waste Export and Import Regulations," Environmental Quality Management, Spring, 2016.

Lynn L. Bergeson, "Biotechnology: A Lot is Going On," Environmental Quality Management, Winter, 2015.

L. Bergeson, B. Auerbach, L. Campbell, T. Backstrom, S. Dolan, J. Vergnes, R. Engler, J. Bultena, K. Baron, C. Auer, "The DNA of the U.S. Regulatory System: Are We Getting It Right for Synthetic Biology?," Woodrow Wilson International Center for Scholars Synthetic Biology Project Report, October 15, 2015.

Lynn L. Bergeson, "Industrial Biotechnology: Coordinated Framework Make-Over and Lots More," Industrial Biotechnology, Vol. 11 No. 5, October 2015.

Lynn L. Bergeson, "EPA Proposes Significant Reporting and Recordkeeping Requirements for Nanoscale Materials," Environmental Quality Management, Fall, 2015.

Charles M. Auer, James V. Aidala, Lynn L. Bergeson, "TSCA Reform Legislation and Its Workability: Thoughts on Steps to Help Ensure Successful Implementation at the Outset and Over Time," Bloomberg BNA Daily Environment Report, July 23, 2015.

Lynn L. Bergeson, Carla N. Hutton, "FDA's Final and Draft Nanotechnology Guidance Documents: No Big Surprises," Nanotechnology Law & Business, Spring 2015.

Lynn L. Bergeson, "EPA Proposes Significant New Use Rule for Certain Nonylphenol and Nonylphenol Ethoxylates," Environmental Quality Management, Spring 2015.

Lynn L. Bergeson, "New Technologies and an Old Law: Renewable Chemicals Invite Challenges under TSCA," Natural Resources & Environment Volume 29, Number 4, Spring 2015.

Lynn L. Bergeson, "EPA's New, Final Work Plan Assessments And What They Mean To You," Environmental Quality Management, December 22, 2014.

Lynn L. Bergeson, "EPA Assessing Utility of Toxic Substances Control Act to Obtain Information on Hydraulic Fracturing," Environmental Quality Management, Fall 2014.

Lynn L. Bergeson, Charles M. Auer, Oscar Hernandez, "Creative Adaptation: Enhancing Oversight of Synthetic Biology Under the Toxic Substances Control Act," Industrial Biotechnology, October 2014.

Lynn L. Bergeson, Meglena Mihova, "Nanomaterials and Public Disclosure: Are European Nano Product Registries the Answer?," Natural Resources & Environment, Volume 29, Number 1, Summer 2014.

Lynn L. Bergeson, Timothy D. Backstrom, "EPA Issues Stop Sales Order for Unregistered Food Containers Containing Nanosilver: What Are the Implications?," Nanotechnology Law & Business, Volume 11, Issue 3, 2014.

Lynn L. Bergeson, "House Releases Discussion Draft of TSCA Reform Legislation," Environmental Quality Management, Summer 2014.

Lynn L. Bergeson, "Brave New World: California Finalizes Safer Consumer Products Regulations," Environmental Quality Management, Spring 2014.

Lynn L. Bergeson, "TSCA Reform: Do It Now, or It May Never Be Done," The Environmental Forum, May/June 2014.

Lynn L. Bergeson, Kathleen M. Roberts, "Promoting Renewable Chemicals," The Environmental Forum, January/February, 2014.

Speaking Engagements:

"What All Environmental, Energy, and Resources Lawyers Need to Know about TSCA Reform and Why," ABA Section of Environment, Energy, and Resources’ 46th Spring Conference,  Los Angeles, California (March 30, 2017).

“Implementing the 2016 TSCA Amendments- Progress & Prognosis,” ABA SEER Brownbag Lunch Program: Implementing the 2016 TSCA Amendments - Progress & Prognosis, Washington D.C. (February 22, 2017).

“Toxic Substances Control Act and Chemical Regulation: Understanding the New Legislation,” Environmental Law Institute CLE Program 2017, Washington D.C. (February 9, 2017).

WEBINAR -- EPA's New RCRA Hazardous Waste Export-Import Rule: How Will it Impact Your Operations?,” Business and Legal Resources (January 4, 2017).

“The New TSCA: Overview and Summary of Major Changes,” TSCA Reformed: What do European companies need to know?, Berlin, Germany (December 7, 2016).

“Steps to Avoid Proposition 65 Claims,” 2016 ISEA Fall Meeting, Alexandria Virginia (November 30, 2016).

WEBINAR -- Current Opportunities and Challenges with Chemical Substance Regulation in Mexico and Central and South America,” The Acta Group (November 17, 2016).

“Governance of Nanotechnology,” 2016 Sustanainable Nanotechnology Organization (SNO) conference, Orlando, Florida (November 10, 2016).

“TSCA Reform, Next Generation Compliance, and Enforcement Initiatives in the US,” Chemical Watch Enforcement Summit Europe 2016, Brussels, Belgium (November 4, 2016).

“The Basics – What The New Law Does,” Chemical Watch US Regulatory Summit, Arlington, Virginia (October 27, 2016).

“Interpretation of the Key Sections of the Frank R. Lautenberg Chemical Safety for the 21st Century Act,” ChemCon The Americas 2016, Toronto, Canada (October 17, 2016).

WEBINAR - The New TSCA Webinar 4: Preemption, PBTs, Fees, and Judicial Review,” Chemical Watch (October 4, 2016).

WEBINAR - The New TSCA Webinar 3: Inventory, CDR, and CBI,” Chemical Watch (September 12, 2016).

“WEBINAR- The New TSCA: Impacts on New and Existing Chemicals Programs,” Chemical Watch (July 14, 2016).

“WEBINAR- New TSCA - - Overview and Summary of Major Changes: What to Expect and When to Expect It” American Chamber of Commerce to the EU (AmChamEU), (June 29, 2016).

“WEBINAR- ABA PCRRTK Presents TSCA Reform Legislation – Update and Primer” American Bar Association Section of Environment, Energy, and Resources, Pesticides, Chemical Regulation & Right-to-Know Committee, (June 28, 2016).

“The Nanotechnology Legal and Regulatory Landscape,” 15th Annual NanoBCA Conference, New York, New York (June 14, 2016).

“WEBINAR -- The New TSCA – Overview and Summary of Major Changes: What to Expect and When to Expect It,” Chemical Watch (June 13, 2016).

“Chemical Management - - What You Need to Know about TSCA, Compliance, and Business Risk,” Practicing Law Institute’s Environmental Regulation 2016, New York, New York (June 10, 2016)

“Modern Agriculture and Technology,” The International Bar Association 4th Mediterranean Conference, Rome, Italy (June 6, 2016).

“The Nanotechnology Legal and Regulatory Landscape,” International Nanotechnology Congress, Boston, Massachusetts (June 2, 2016).

“Nanomaterials… No Small Product Stewardship Matter,” Stewardship 2016, Baltimore, Maryland (May 24, 2016).

"TSCA Reform: What Does It Mean?," Grocery Manufacturers Association (GMA) Science Forum, Washington, D.C. (April 19, 2016).

"The New TSCA Regulatory Framework Post-TSCA Reform," Adhesive and Sealant Council Spring Convention, New Orleans, Louisiana (April 20, 2016).

"Regulatory Update on TSCA Reform," Thermoset Resin Formulators Association (TRFA) Annual Meeting, Tampa, Florida (March 8, 2016).

"TSCA's Impact on the Automotive Industry," SAE 2016 Government/Industry Meeting, Washington, D.C. (January 21, 2016).

"WEBINAR - Toxic Substances Control Act (TSCA) Reform: An Update and Assessment of Things to Come," Bloomberg BNA (December 14, 2015).

"TSCA Reform And Its Implication For Downstream Users," 3rd Annual Chemical Watch U.S. Regulatory Summit, Arlington, Virginia (December 10, 2015).

"How TSCA Reform Will Impact Supply Chains," Chemical Watch Global Supply Chain Summit USA, Arlington, Virginia (December 7, 2015).

"Adapting Governance Approaches to Evolving Technologies," Society for Risk Analysis Annual Meeting, Arlington, Virginia (December 7, 2015).

"TSCA Reform: What's Happening Now, and What's Next?," B&C, Environmental Law Institute (ELI), George Washington University (GWU) Law School, and GWU Milken Institute School of Public Health Seminar and Webinar (November 19, 2015).

"Federal Chemical Regulation," Environmental Law Institute (ELI) Eastern Boot Camp on Environmental Law, Washington, D.C. (November 9, 2015).

"TSCA Reform: The Current State of Play," Environment Committee of the American Chamber of Commerce to the EU, Brussels, Belgium (November 5, 2015).

"Leveraging Synthetic Biology’s Promise and Managing Potential Risk," Woodrow Wilson International Center for Scholars Synthetic Biology Project Seminar and Webinar, Washington, D.C. (October 15, 2015).

"US vs. EU Chemical Regulation: Harmony and Conflict Between TSCA and REACH," American Bar Association Webinar (June 23, 2015).

"Recent Developments in Global EHS Nano Governance," TechConnect World Innovation Conference and Expo Nanotech Advanced Materials & Applications, Washington, D.C. (June 15, 2015).

"Legal and Stewardship Issues Associated with Environmental Product Declarations (EPDs) and Health Product Declarations (HPDs)," Stewardship 2015, Salt Lake City, Utah (June 2, 2015).

"Legal and Oversight Challenges: 21st Century Understanding of Chemicals," American Chemical Society Science & the Congress Congressional briefing, Washington, D.C. (April 6, 2015).

"Nanotechnology: Delivering on the Promise – The Regulatory Void?" American Chemical Society (ACS) National Meeting and Exposition, Denver, Colorado (March 22-26, 2015).

"Regulatory and Policy Initiatives in the US and EU," Sustainable Nanotechnology Conference 2015, Venice, Italy (March 9 – 11, 2015).

"K-REACH: What You Need to Know to Do Business in South Korea in 2015," Bergeson & Campbell, P.C. Webinar (December 4, 2014).

"2015 Legislative Expectations Regarding Environmental Laws," 2nd Annual Chemical Watch U.S. Regulatory Summit, Washington, D.C. (December 2-3, 2014).

"The Globally Harmonized System Of Classification & Labeling of Chemicals (GHS): Requirements, Challenges, and Opportunities," Bergeson & Campbell, P.C. and Gradient Webinar (November 20, 2014).

"Federal Chemical Regulation: TSCA & FIFRA," ELI's 23rd Annual Eastern Bootcamp on Environmental Law®, Washington, D.C. (November 11, 2014).

"Current Developments in Nanotechnology Law and Policy," Third Sustainable Nanotechnology Organization (SNO) Conference, Boston, Massachusetts (November 2-4, 2014).

"REACH Update and Forecast," "Next Generation Chemical Regulation: California Safer Consumer Products Regulation and TSCA Reform, Definitely, Maybe, Respectively," ChemCon The Americas 2014, Chicago, Illinois (October 27-31, 2014).

"Regulation of Nanotechnology: Practical Information for Industry, Researchers and Other Stakeholders," Air & Waste Management Webinar (October 16, 2014).

"Nanotechnology Update and Outlook into 2015," Compliance & Risks Webinar (August 21, 2014).

"EPA's Game-Changing Clean Power Plan: How It Impacts You," Pollution Engineering Webinar (July 22, 2014).

"Law & Policy of Products Regulation," ELI Summer School Series 2014, Washington, D.C. (July 17, 2014).

"Regulatory Landscape & Implications for Innovation," ACS 18th Annual Green Chemistry & Engineering Conference, Bethesda, Maryland (June 19, 2014).

"Green Guides for the Use of Environmental Marketing Claims," American Coal Ash Association Summer Membership Meeting, Pittsburgh, Pennsylvania (June 18, 2014).

American Industrial Hygiene Conference and Exposition (AIHce) 2014 and Stewardship 2014 -- "Emerging Legal and Product Stewardship Implications of Products of Nanotechnology," and "Managing Confidential Business Information in Supply Chain Communications" (June 3, 2014).

"TSCA Hot Topics," American Law Institute Continuing Legal Education (ALI CLE) Webinar (February 5, 2014).

 


 
BERGESON & CAMPBELL, P.C.
2200 Pennsylvania Ave, N.W. Suite 100W
Washington, D.C. 20037
(202) 557-3800 • (202) 557-3836 (fax) | lawbc.com
Contact • Twitter
 
Privacy and Terms of Use | Attorney Advertising | Trademarks
©2017 Bergeson & Campbell, P.C.
All Rights Reserved.