Blogs

Mark Hartman, the highly respected Deputy Director for Programs in the U.S. Environmental Protection Agency’s (EPA) Office of Pollution Prevention and Toxics (OPPT), will become Director of the U.S. Food and Drug Administration’s (FDA) Office of Food Chemical Safety, Dietary Supplements, and Innovation (OFCSDSI) in its newly formed Human Foods Program (HFP). According to FDA’s website, OFCSDSI “uses a risk-based approach to food chemical safety and dietary supplement policy and...

On December 6, 2024, the U.S. Environmental Protection Agency (EPA) announced that it has issued its first voucher under its Vector Expedited Review Voucher (VERV) Program as a result of a recent approval by EPA of a new active ingredient, Wolbachia pipientis wAlbB strain. The VERV Program, which is required by the Pesticide Registration Improvement Act of 2022 (PRIA 5) and announced in December 2023, was developed in response to ongoing challenges with mosquito control...

On December 2, 2024, the U.S. Environmental Protection Agency (EPA) announced a proposed rule to revoke all tolerances for chlorpyrifos except for those tolerances associated with the 11 food and feed crops that remain registered. 89 Fed. Reg. 99184. EPA is taking this action in response to a decision by the U.S. Court of Appeals for the Eighth Circuit. Comments on the proposed rule are due on or before February 10, 2025. Comments can be...

While Election Day was November 5, 2024, the final results of the races for Congress were announced on Tuesday, December 3, 2024. Representative-elect Adam Gray (D-CA) narrowly defeated Representative John Duarte (R-CA), resulting in one of the smallest margins in history (220-215) to begin the 119th Congress on January 3, 2025. That narrow margin will shrink by three seats in several steps beginning January 3, 2025. Former-Representative Matt Gaetz (R-FL) resigned from the 118th Congress...

On November 29, 2024, the U.S. Environment Protection Agency (EPA) issued a supplemental notice of proposed rulemaking (SNPRM) that would update the December 2, 2022, proposed significant new use rules (SNUR) for 17 per- and polyfluoroalkyl substances (PFAS) that were the subject of premanufacture notices (PMN) and are also subject to an Order issued by EPA pursuant to the Toxic Substances Control Act (TSCA). 89 Fed. Reg. 94642. The SNURs would require persons who intend...

On December 2, 2024, the U.S. Environmental Protection Agency (EPA) released, and is seeking public comment on, its proposed guidance for antimicrobial pesticide registrants intended to improve the efficiency of Endangered Species Act (ESA) considerations for new active ingredients, new uses, and registration review actions for antimicrobial pesticides. Comments are due on or before January 1, 2025. EPA states that this guidance, when issued in final, will fulfill the requirements outlined in...

The Congressional Research Service (CRS) posted a November 30, 2024, update to its report entitled “Gene-Edited Plants: Regulation and Issues for Congress.” Gene-edited plants are regulated under the U.S. Coordinated Framework for Regulation of Biotechnology, which coordinates how the U.S. Department of Agriculture (USDA), the U.S. Food and Drug Administration (FDA), and the U.S. Environmental Protection Agency (EPA) regulate biotechnology products to ensure their safety. Over time, the...

On November 22, 2024, the U.S. District Court for the District of Columbia entered two consent decrees establishing deadlines for completing risk evaluations for 20 High-Priority Chemicals and two manufacturer-requested risk evaluations (MRRE). The Community In-Power and Development Association Inc. (CIDA), v. EPA, Case No. 1:23-cv-02715. As reported in our May 10, 2024, memorandum, CIDA, the Learning Disabilities Association of America, Louisiana Environmental Action Network, Sierra Club, and...

On December 4, 2024, the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) announced that it acknowledges the U.S. District Court for the Northern District of California’s December 2, 2024, ruling prospectively vacating USDA’s May 2020 final rule for organisms developed using genetic engineering. National Family Farm Coalition, et al. v. Vilsack (No. 3:21-cv-05695-JD). As reported in our May 18, 2020, memorandum, the final Sustainable, Ecological,...

On November 29, 2024, the Internal Revenue Service (IRS) announced that petitions have been filed to add the following chemicals to the list of taxable substances: More information on the Superfund excise tax on chemicals is available in our April 4, 2023, memorandum, “IRS Proposes Regulations Regarding Superfund Tax on Chemicals,” our July 13, 2022, memorandum, “Superfund Tax on Chemicals: What You Need to Know to Comply,” and our May 19, 2022, memorandum, “Reinstated Superfund...