Blogs

The Subcommittee on Environment of the House Committee on Energy and Commerce has announced that its first hearing of the 119th Congress will focus on the Toxic Substances Control Act (TSCA). The hearing, “A Decade Later: Assessing the Legacy and Impact of the Frank R. Lautenberg Chemical Safety for the 21st Century Act,” is scheduled for January 22, 2025, at 10:30 a.m. in Room 2123 of the Rayburn House Office Building and will be webcast....

On January 22, 2025, at 10:30 a.m. (EST), the House Energy and Commerce Subcommittee on Environment will hold a hearing entitled “A Decade Later: Assessing the Legacy and Impact of the Frank R. Lautenberg Chemical Safety for the 21st Century Act.” The Committee’s press release notes that “[t]he domestic production of chemicals is critical to the growth of our economy and vital to the success of American manufacturers.” According to the press release, nearly ten...

On January 7, 2025, Lynn L. Bergeson was interviewed by Christopher Bornmann in Pulling the Threads of the ‘Complicated Patchwork of Federal and State Law’ around PFAS Class Action Lawsuits for the 3E blog. Portions of this article covering the current landscape surrounding PFAS class action lawsuits are shared below by permission. To better understand the current landscape surrounding PFAS class action lawsuits and how companies can protect themselves from litigation, 3E sat down with Lynn...

The U.S. Environmental Protection Agency (EPA) announced on January 14, 2025, a draft risk assessment of the potential human health risks associated with the presence of perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) in biosolids, also known as sewage sludge. According to EPA, the findings show that there may be human health risks associated with exposure to PFOA or PFOS with all three methods of using or disposing of sewage sludge — land application...

The Cookware Sustainability Alliance (CSA) announced on January 9, 2025, that it has filed suit in the U.S. District Court for the District of Minnesota, seeking a preliminary injunction of Minnesota’s ban on the sale of cookware containing intentionally added per- and polyfluoroalkyl substances (PFAS). CSA v. Kessler (No. 0:25-cv-00041). According to CSA, the chemical coating on nonstick cookware contains fluoropolymers, which “are fundamentally different compounds from the chemicals that...

On December 19, 2024, the National Nanotechnology Coordination Office (NNCO) released The National Nanotechnology Initiative Supplement to the President’s 2025 Budget, which also serves as the annual report for the National Nanotechnology Initiative (NNI). According to the report, President Biden’s fiscal year (FY) 2025 budget requests over $2.2 billion for NNI, with cumulative funding totaling over $45 billion since the inception of NNI in 2001 when Congress approved increased funding for...

The U.S. Environmental Protection Agency (EPA) announced on January 6, 2025, that it is updating the list of chemicals subject to toxic chemical release reporting under the Emergency Planning and Community Right-to-Know Act (EPCRA) and the Pollution Prevention Act (PPA). 90 Fed. Reg. 573. Specifically, the final rule updates the regulations to identify nine per- and polyfluoroalkyl substances (PFAS) that must be reported pursuant to the National Defense Authorization Act for Fiscal Year 2020...

Senator Shelly Moore Capito (R-WV), Chair of the Senate Committee on Environment and Public Works (EPW), has scheduled a hearing on the Nomination of Lee Zeldin to be Administrator of the Environmental Protection Agency (EPA) for Thursday, January 16, at 10:00 a.m. The hearing will be held in room 406 of the Senate Dirksen Office Building and will be viewable by webcast as well. It will be interesting to hear what Mr. Zeldin shares about...

On January 6, 2025, the U.S. Environmental Protection Agency (EPA) announced the extension of the review period for confidential business information (CBI) claims for specific identities of all active chemical substances listed on the confidential portion of the Toxic Substances Control Act (TSCA) Inventory submitted to EPA under TSCA. 90 Fed. Reg. 645. As reported in our February 7, 2024, blog item, EPA previously extended the review period by one year, to February 19, 2025....

The U.S. Environmental Protection Agency (EPA) published a proposed rule on December 12, 2024, that would partially waive the 2024 cellulosic biofuel volume requirement and revise the associated percentage standard under the Renewable Fuel Standard (RFS) program due to a shortfall in cellulosic biofuel production. 89 Fed. Reg. 100442. As a result of this proposed change, EPA proposes to extend the RFS compliance reporting deadline for the 2024 compliance year. According to the proposed rule,...

On December 20, 2024, the U.S. Court of Appeals for the District of Columbia Circuit denied the Environmental Defense Fund’s (EDF) petition and granted the American Chemistry Council (ACC) and American Fuel and Petrochemical Manufacturers’ (AFPM) petition for review of the U.S. Environmental Protection Agency’s (EPA) final rule updating the requirements concerning the assertion and treatment of confidential business information (CBI) claims under the Toxic Substances Control Act (TSCA)....

The U.S. Department of Agriculture (USDA) announced on December 20, 2024, that the United States prevailed in its dispute under the United States-Mexico-Canada Agreement (USMCA) challenging certain Mexican biotechnology measures concerning genetically engineered (GE) corn. Under a February 2023 presidential decree, Mexico banned immediately the use of GE corn in dough and tortillas and instructed government agencies to eliminate gradually the use of GE corn for other food uses and in animal...

The opening hours of the 119th Congress provided an interesting look at the two bodies of Congress, the United States House of Representatives (House) and the United States Senate (Senate), and offered a glimpse of what to expect from the leaders of those bodies during the next two years. While Republicans control the House and the Senate, their slim majorities will present challenges in legislating during the 119th Congress. In the House, it will take...

The National Security Commission on Emerging Biotechnology announced on December 18, 2024, that the fiscal year 2025 National Defense Authorization Act includes “a suite of recommendations designed to galvanize action on biotechnology” for the U.S. Department of Defense (DOD). According to the Commission, the bill includes new authorities and requirements — derived from its May 2024 proposals — that will position DOD and the intelligence community (IC) to maximize the benefits of...

On December 27, 2024, the U.S. Environmental Protection Agency (EPA) released for comment a proposed plan to track the adoption of bilingual labeling of pesticide products. 90 Fed. Reg. 99. The Pesticide Registration Improvement Act of 2022 (PRIA 5) amended the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to require Spanish language translation of the health and safety sections of end-use pesticide product labels on a rolling schedule that begins in December 2025 and ends...

On December 31, 2024, the U.S. Environmental Protection Agency (EPA) announced the availability of and solicited comment on the preliminary lists of manufacturers (including importers) subject to fees for the next five chemicals undergoing risk evaluation under Section 6(b) of the Toxic Substances Control Act (TSCA). 89 Fed. Reg. 107099. The five chemicals that have been designated as High-Priority Substances (HPS) for risk evaluation and for which fees will be charged are acetaldehyde (Chemical...

On December 19, 2024, the White House Office of Science and Technology Policy (OSTP) announced the availability of the Federal Sustainable Chemistry Strategic Plan (Strategic Plan). As reported in our January 19, 2021, memorandum, Subtitle E of TII of the National Defense Authorization Act for Fiscal Year 2021 (NDAA for FY2021) includes the text of the bipartisan Sustainable Chemistry Research and Development Act of 2019. Subtitle E establishes an interagency working group led by OSTP...

As reported in our December 5, 2024, blog item, 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,...

On December 26, 2024, the Center for Environmental Health (CEH) and Public Employees for Environmental Responsibility (PEER) filed notice in the U.S. District Court for the District of Columbia that they are appealing the court’s December 11, 2024, decision dismissing their suit to the U.S. Court of Appeals for the District of Columbia Circuit. As reported in our December 17, 2024, blog item, the court dismissed a suit filed against the U.S. Environmental Protection Agency...

The U.S. Department of Energy’s (DOE) Bioenergy Technologies Office (BETO) announced on December 16, 2024, its intent to fund research and development (R&D) projects in two priority areas, sustainable propane and renewable chemicals, and algal system cultivation and preprocessing: The SPARC and MASY funding opportunities support government-wide targets of DOE’s Clean Fuels and Products ShotTM and Sustainable Aviation Fuel Grand Challenge. They also align with BETO’s strategic goals to...