Blogs

The standard of judicial review for most critical TSCA determinations under section 19 is "substantial evidence in the record taken as a whole". This is a tough standard, considerably more rigorous than the Administrative Procedure Act (APA) standard under section 706, where agency action will be set aside if it is "arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law." The recent Loper Bright decision overturning Chevron has invited much...

The U.S. Department of Energy’s (DOE) Bioenergy Technologies Office’s (BETO’s) Feedstock-Conversion Interface Consortium (FCIC) intends to issue in September 2024 an Industrial Partnership Call (IPC) to allow collaboration between industry stakeholders and FCIC researchers. According to BETO, research areas may include biomass supply, handling, transport, storage, preprocessing, and initial chemical conversion. To maximize the likelihood of near-term impact for industrial partners, BETO...

On July 2, 2024, the California Department of Pesticide Regulation (DPR) announced the release of modifications to its proposed pesticide application notification regulation. DPR states this regulation will support the statewide implementation of what it describes to be a “first-of-its-kind” system that would provide information to the public in advance regarding the planned applications of “restricted material pesticides” used in agriculture. DPR initially proposed the regulation on...

The European Commission (EC) launched a call on July 5, 2024, for applications for members of the new Technology Council for Advanced Materials. According to the Directorate General (DG) for Internal Market, Industry, Entrepreneurship and SMEs, “this high-level group will coordinate efforts to meet future needs for advanced materials in Europe, and is key to building a single advanced materials ecosystem.” The EC’s February 2024 Communication on Advanced Materials for Industrial Leadership...

Register now to join Bergeson & Campbell, P.C. (B&C®) for “Determining PFAS Content in Your Supply Chain and Expanding Data Collection Practice,” a complimentary webinar covering the basics of the U.S. Environmental Protection Agency’s (EPA) reporting rule for per- and polyfluoroalkyl substances (PFAS). With Chemical Data Reporting (CDR) wrapping up this fall, companies still have time to gather the necessary information regarding PFAS to begin reporting as early as this November....

The July 13, 2024, Canada Gazette will include a notice announcing the availability of the Updated Draft State of Per- and Polyfluoroalkyl Substances (PFAS) Report (Updated Draft Report) and Revised Risk Management Scope for Per- and Polyfluoroalkyl Substances (PFAS) (Revised Risk Management Scope). The Updated Draft Report defines PFAS as “fluorinated substances that contain at least one fully fluorinated methyl or methylene carbon atom (without any [hydrogen, chlorine, bromine, or iodine...

As part of its efforts to strengthen public engagement in the federal regulatory process, the Office of Information and Regulatory Affairs (OIRA) in the Office of Management and Budget (OMB) announced on July 10, 2024, that it will offer training sessions on effective public participation in the public comment process. 89 Fed. Reg. 56777. OIRA states that notice-and-comment rulemaking generally affords any interested individual or organization the opportunity to provide written input on the...

On July 10, 2024, the Internal Revenue Service (IRS) announced that it issued frequently asked questions (FAQ) in Fact Sheet 2024-25 related to which entities must apply for registration for the Clean Fuel Production Credit. As reported in our June 10, 2024, blog item, the Inflation Reduction Act allows a credit for the production of clean transportation fuels beginning on January 1, 2025. To claim a Clean Fuel Production Credit, the taxpayer must be registered as a producer of clean fuel at the...

On July 5, 2024, the U.S. Court of Appeals for the District of Columbia Circuit issued its decision in Vinyl Institute, Inc. v. EPA (No. 22-1089). As reported in our May 31, 2022, blog item, on May 23, 2022, the Vinyl Institute, Inc. (VI) filed suit against the U.S. Environmental Protection Agency (EPA), seeking review of EPA’s March 2022 test order for 1,1,2-trichloroethane (1,1,2-TCA) issued under Section 4(a)(2) of the Toxic Substances Control Act (TSCA). The court states that “EPA’s...

On July 5, 2024, the U.S. Department of Agriculture (USDA) released its spring 2024 Unified Agenda, which includes the following items regarding biobased products and biotechnology: Higher Blends Infrastructure Incentive Program: The Higher Blends Infrastructure Program is designed to increase the sales and use of higher blends of ethanol and biodiesel by expanding the infrastructure for renewable fuels derived from U.S. agricultural products. The Rural Business-Cooperative Service (RBCS)...