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June 1, 2011

Lisa R. Burchi, Lisa M. Campbell, Leslie S. MacDougall, and Lynn L. Bergeson, co-authors, “Data Citation and Compensation: How REACH Compares With the FIFRA Scheme,” BNA Daily Environment Report, June 1, 2011.

Bergeson & Campbell, P.C.

The European Union’s REACH regulation is a complex chemical management regulation intended to replace approximately 40 previously existing legal instruments with a single EU regulatory scheme for all chemical substances (both new and existing substances). It also creates a data compensation scheme for entities that must rely upon studies another entity generated to complete their registration for a particular chemical substance. This article provides background on REACH registration, data compensation and sharing procedures, and compares REACH’s data compensation principles with how similar issues are addressed in the context of FIFRA data compensation arbitrations.