Blogs

As reported in our July 8, 2026, memorandum, on July 1, 2026, a coalition of industry associations filed suit in the U.S. District Court for the District of New Mexico, challenging New Mexico’s May 5, 2026, final rule on per- and polyfluoroalkyl substances (PFAS) in consumer products. American Chemistry Council (ACC) v. Kenney (Case No. 1:26-cv-02130). The coalition argues that the final rule is unconstitutional and that its enforcement should be permanently enjoined. On September 16, 2026,...

On September 9, 2026, Representatives Brian Babin (R-TX), Chair of the House Science, Space, and Technology Committee, and Rich McCormick (R-GA), Chair of the Investigations and Oversight Subcommittee, sent letters to U.S. Department of Energy (DOE) Secretary Chris Wright, National Institutes of Health (NIH) Director Jay Bhattacharya, and National Science Foundation (NSF) Acting Director Brian Stone requesting information on how those agencies are “advancing U.S. leadership in biotechnology...

On August 10, 2026, the Organisation for Economic Co-operation and Development (OECD) posted a Guidance Document on Toxicokinetics to accommodate Testing of (Nano)particles that provides guidance and considerations around in vivo testing for toxicokinetics of simple-structured, manufactured, poorly soluble, and partially soluble spheroidal particles following oral and inhalation exposure. To reflect that both nano-sized and larger particles are included in the scope of the guidance document,...

On September 2, 2026, President Trump signed the Continuing Appropriations and Extensions Act, 2027 (H.R. 6500) that provides continuing fiscal year (FY) 2027 appropriations for federal agencies and extends various expiring programs and authorities. Under the bill, appropriations and funds made available and authority granted pursuant to H.R. 6500 will be available until: The enactment into law of an appropriation for any project or activity provided for in H.R. 6500; The enactment into law of...

On September 22, 2026, the Environmental Law Institute (ELI) and its GreenTech initiative will hold a webinar on “Biofuels: The Latest Developments and Policy Considerations.” According to ELI, using biofuels can lower greenhouse gas emissions and reduce reliance on fossil fuels in various hard-to-abate sectors. ELI notes that there are potential challenges with biofuel production, however, particularly as it relates to land use, water use, and the food supply. During the webinar, speakers...

On August 25, 2026, the U.S. Environmental Protection Agency (EPA) announced the availability of an open literature search document and the opening of a comment period on the results of a comprehensive open literature search in support of the ongoing registration review of glyphosate. 91 Fed. Reg. 54870. This open literature search is intended to inform the upcoming hazard assessment for the updated glyphosate human health risk assessment, currently scheduled to be completed in late 2026. EPA is...

In 2023, Vermont became the first state to enact an extended producer responsibility (EPR) program for household hazardous products (HHP). This EPR law, adopted as 10 V.S.A. § 7181 et seq., seeks to address rising costs that Vermont municipalities encounter while collecting and managing hazardous consumer waste as required under state law. The law and pending program plan cover discarded consumer hazardous products, such as aerosols, cleaning products, dyes, motor oil...

On August 27, 2026, the U.S. Environmental Protection Agency (EPA) announced two scientific advancements designed to modernize safety reviews of new chemicals and pesticides while further eliminating the Agency’s reliance on animal testing. According to EPA, the new methods will help it assess the potential inhalation and oral risks of certain chemicals and pesticides faster and with greater human relevance, advancing the Agency's commitments to transparency, regulatory certainty, and the...

On August 20, 2026, the U.S. Environmental Protection Agency (EPA) published a proposed settlement agreement seeking to resolve an unreasonable delay claim regarding the Natural Resources Defense Council’s (NRDC) petition to revoke all tolerances for neonicotinoid (neonic) pesticides. 91 Fed. Reg. 53857. EPA is providing the public with an opportunity to comment until September 21, 2026, on the proposed settlement agreement. EPA Action On May 4, 2020, NRDC petitioned EPA (the...

As we discussed in our recent podcast episode, manufacturers of products sold, offered for sale, or distributed for sale in Minnesota must submit a report by September 15, 2026, that includes information about each product or component that contains intentionally added per- and polyfluoroalkyl substances (PFAS). The Minnesota legislature amended the statute in May 2026 to exclude products manufactured before July 1, 2023, from the reporting requirements. This date exemption applies to the...