Blogs

On August 11, 2025, the U.S. District Court for the District of Minnesota granted the Minnesota Pollution Control Agency’s (MPCA) motion to dismiss the Cookware Sustainability Alliance’s (CSA) suit for failure to state a claim. CSA v. Kessler (No. 0:25-cv-00041). As reported in our January 14, 2025, blog item, CSA filed suit in January 2025, claiming that Minnesota’s January 1, 2025, ban on the sale of cookware containing intentionally added per- and polyfluoroalkyl substances (PFAS)...

The U.S. Environmental Protection Agency (EPA) announced on August 6, 2025, the availability of the draft Toxic Substances Control Act (TSCA) risk evaluations for the phthalates butyl benzyl phthalate (BBP) and diisobutyl phthalate (DIBP) for public comment. 90 Fed. Reg. 37855. According to EPA, the purpose of TSCA risk evaluations is to determine whether a chemical substance presents an unreasonable risk of injury to health or the environment under the conditions of use (COU), including...

The U.S. Environmental Protection Agency (EPA) announced on August 8, 2025, that it seeks self-nominations from small businesses, governments, and not-for-profits to participate as Small Entity Representatives (SER) providing advice and recommendations for two separate Small Business Advocacy Review (SBAR) Panels. One SBAR Panel will focus on EPA’s development of a proposed rule to address unreasonable risk identified in the Toxic Substances Control Act (TSCA) risk evaluation for asbestos part...

On August 25, 2025, the New York State Department of Environmental Conservation (NYS DEC) will hold a pre-rulemaking stakeholder meeting on its implementation of the prohibitions on per- and polyfluoroalkyl substances (PFAS) in apparel. NYS DEC will present an overview of the enacted law, codified at Section 37-0121 of the Environmental Conservation Law, and discuss the conceptual framework for regulating PFAS in apparel that it is considering for the rulemaking. NYS DEC notes that this will be...

The European Commission (EC) began a public consultation on August 4, 2025, on the European Biotech Act in the form of an online questionnaire. According to the EC, the aim is to gather evidence and views from stakeholders across all relevant sectors of biotechnology and biomanufacturing, including the medical and pharmaceutical, agricultural, food and feed, industrial, environmental, and marine sectors. The EC states that stakeholder feedback is crucial for identifying the most important...

The U.S. Environmental Protection Agency (EPA) announced on August 11, 2025, the results of process improvements to accelerate the review of Low Volume Exemptions (LVE) in the Toxic Substances Control Act (TSCA) New Chemicals Program. At the end of March 2025, EPA identified 79 LVEs waiting for review and established a dedicated team of risk assessors. EPA states that it completed the risk assessments and made preliminary decisions for all 79 cases during April and May 2025. According to EPA, 80...

On August 4, 2025, the Internal Revenue Service (IRS) published a notice of determinations that modifies the list of taxable substances to include the following 21 substances: polyphenylene sulfide, cellulose acetate (degree of substitution = 1.5-2.0), 4,4′-isopropylidenediphenol-epichlorohydrin copolymer, nylon 6, caprolactam, methyl ethyl ketoxime, iso-butanol, diethylene glycol monomethyl ether, ethylene glycol phenyl ether, methoxytriglycol, propylene glycol methyl ether acetate, propylene...

On August 1, 2025, the European Court of Justice (ECJ) issued a judgment upholding the 2022 decision of the General Court annulling the 2019 harmonized classification and labeling of titanium dioxide as a carcinogenic substance by inhalation in certain powder forms. As reported in our December 6, 2022, memorandum, the court annulled the European Commission’s (EC) decision to classify titanium dioxide as a suspected human carcinogen. The French government and the EC appealed the decision,...

As reported in our February 13, 2025, blog item, on January 17, 2025, the Biden U.S. Environmental Protection Agency (EPA) filed a notice of appeal of the September 2024 lower court decision finding that the plaintiffs established by a preponderance of the evidence that the levels of fluoride typical in drinking water in the United States pose an unreasonable risk of injury to the health of the public. Food & Water Watch v. EPA (No. 25-384). At that time, it was unknown how the Trump EPA...

On August 4, 2025, the U.S. Environmental Protection Agency (EPA) submitted to the Office of Management and Budget (OMB) a proposed rule entitled “Further Reconsideration of Procedures for Chemical Risk Evaluation Under the Toxic Substances Control Act (TSCA).” As reported in our March 14, 2025, memorandum, on March 10, 2025, EPA announced its intent to reconsider the May 2024 rule amending the procedural framework rule for conducting TSCA risk evaluations. According to EPA’s March 10,...