CBI Re-substantiation — A Conversation with Richard E. Engler, Ph.D. and Ryan N. Schmit

This week, I had the pleasure of speaking with Dr. Richard E. Engler, Director of Chemistry for B&C and The Acta Group (Acta®), our consulting affiliate, and Ryan N. Schmit, Of Counsel with B&C and Senior Regulatory Consultant with Acta, about the ever-tricky topic of confidential business information (CBI) -- what is it, how to protect it, and steps to take to avoid losing it. As listeners may know, the protection afforded certain information claimed CBI begins to sunset today, June 22, 2026, because of changes to the Toxic Substances Control Act (TSCA) signed into law ten years ago today with enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act. Certain claims need to be substantiated to continue being shielded from public disclosure. Our discussion today focuses on this change in the law, how the U.S. Environmental Protection Agency (EPA) has operationalized the substantiation process, and what TSCA stakeholders need to know to preserve their CBI claims if they wish to extend protection for another ten years. 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. ©2026 Bergeson & Campbell, P.C.  All Rights Reserved