Blogs

The U.S. Environmental Protection Agency (EPA) announced on September 18, 2025, that it will prioritize the review of submissions for new chemicals that are intended for use in data center projects or in the manufacturing of covered components, in each case, which pertain to a data center project that is a qualifying project, as defined by Executive Order (EO) 14318, “Accelerating Federal Permitting of Data Center Infrastructure.” EPA states that new chemical manufacturers may also seek to...

The U.S. Environmental Protection Agency (EPA) announced on September 17, 2025, its next steps regarding regulatory efforts to address cleanup of perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS). On May 8, 2024, EPA designated PFOA, PFOS, and their salts and structural isomers as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Under the rule, entities are required to report immediately releases of PFOA and PFOS...

In recent weeks, the Trump Administration has taken a series of actions to curtail federal support for offshore wind development. The most visible step was the U.S. Department of Transportation’s cancellation of roughly $679 million in funding for 12 offshore wind projects across 11 states. In addition, the Administration halted construction of the nearly complete $4 billion Revolution Wind project serving Rhode Island and Connecticut, citing national security concerns. An earlier executive...

As reported in our April 11, 2025, memorandum, on April 8, 2025, New Mexico Governor Michelle Lujan Grisham (D) signed the Per- and Poly-Fluoroalkyl Substances (PFAS) Protection Act (HB 212), which will phase out intentionally added PFAS in certain consumer products before banning intentionally added PFAS in most products on January 1, 2032. The Act also requires manufacturers to report information about intentionally added PFAS by January 1, 2027. The Act states that the New Mexico...

On September 9, 2025, the U.S. Department of Health and Human Services (HHS) announced the release of the Make Our Children Healthy Again Strategy (MAHA Strategy) issued by the Make America Healthy Again (MAHA) Commission. This Strategy was required to be submitted to the President by August 12, 2025, based on the findings of the Commission in its Making Our Children Healthy Again report (MAHA Assessment), which was released on May 22, 2025, and is discussed in our blog. In its press release...

The U.S. Environmental Protection Agency (EPA) announced on September 10, 2025, that it is seeking nominations of scientific and technical experts to be considered as ad hoc reviewers assisting the Science Advisory Committee on Chemicals (SACC) with the peer review of the draft risk evaluation of octamethylcyclotetrasiloxane (D4) under the Toxic Substances Control Act (TSCA). EPA states that these nominations will help it select approximately seven to eight ad hoc reviewers to assist SACC with...

Under the 2016 Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg Act) amendments to the Toxic Substances Control Act (TSCA), most confidential business information (CBI) claims will expire after ten years unless reasserted and substantiated. This means that a CBI claim made in 2016 will expire in 2026 unless the claim is reasserted and resubstantiated before the end of the ten-year period. The U.S. Environmental Protection Agency (EPA) issued in June 2023 a final rule with...

The U.S. Department of Defense’s (DOD) Office of the Assistant Secretary of Defense for Energy, Installations, and Environment is developing a proof of concept to conduct chemical alternatives assessments (AA) in collaboration with industry.  As a first step, DOD will conduct a pilot project to assess alternatives for a chemical of emerging concern to DOD and industry. According to DOD, a consortium of universities will assist DOD in the AA. To help with the chemical selection for the pilot...

As reported in our August 5, 2025, blog item, the U.S. Department of Agriculture (USDA) announced on August 1, 2025, an opportunity for stakeholders to provide feedback on USDA’s reorganization plan, as outlined in the July 24, 2025, memorandum issued by U.S. Secretary of Agriculture Brooke L. Rollins. According to the memorandum, the Animal and Plant Health Inspection Service (APHIS) centers “will remain at current locations as they are located in USDA hub locations.” The memorandum does...

On September 4, 2025, the Office of Management and Budget (OMB) published the Trump Administration’s Spring 2025 Unified Agenda. The U.S. Environmental Protection Agency’s (EPA) Unified Agenda includes the following rulemakings regarding per- and polyfluoroalkyl substances (PFAS): PFAS Requirements in National Pollutant Discharge Elimination System (NPDES) Permit Applications: EPA notes that the list of pollutants in the NPDES application regulations has not been updated since 1987 and...

The International Organization for Standardization (ISO) recently published two standards for graphene-related two-dimensional (2D) materials: ISO/TS 9651:2025, Nanotechnologies -- Classification framework for graphene‐related 2D materials: The document specifies the characteristics and their respective measurement methods of graphene-related 2D materials in sheet and particle forms for commercial applications with the aim of classification of the materials. The classification framework...

As reported in our May 30, 2025, blog item, on May 15, 2025, the Center for Environmental Accountability (CEA) filed a petition under Section 21 of the Toxic Substances Control Act (TSCA) requesting that the U.S. Environmental Protection Agency (EPA) reconsider the 2024 final rule regarding procedures for chemical risk evaluation under TSCA and initiate a rulemaking to amend certain provisions in 40 C.F.R. Part 702, subpart B. According to CEA, the current process “has led to overly...

On August 25, 2025, the New York State Department of Environmental Conservation (NYS DEC) held a pre-rulemaking stakeholder meeting on its implementation of New York’s per- and polyfluoroalkyl substances (PFAS) in apparel law. Section 37-0121 of the Environmental Conservation Law (ECL) prohibits the sale of apparel containing PFAS as intentionally added chemicals beginning January 1, 2025. No later than January 1, 2027, Section 37-0121 prohibits the sale of apparel containing PFAS at or above...

According to the Office of Management and Budget (OMB) website, on August 29, 2025, the U.S. Environmental Protection Agency (EPA) submitted a proposed rule entitled “Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) Data Reporting and Recordkeeping under the Toxic Substances Control Act (TSCA); Revision to Regulation” to OMB for review. Because the proposed rule has not been published in a Unified Agenda, no summary is available. When EPA postponed the reporting period from July 11,...

The European Commission (EC) has published a report summarizing comments received during the public consultation for the initiative “Towards a circular, regenerative and competitive bioeconomy.” As reported in our April 1, 2025, blog item, according to the EC, the European Union (EU) Bioeconomy Strategy “marks a significant step forward in harnessing the opportunities of the bioeconomy to support European businesses and drive progress towards the EU’s environmental, climate and...

On August 13, 2025, Public Employees for Environmental Responsibility (PEER) announced that it petitioned the Make America Healthy Again (MAHA) Commission to remove per- and polyfluoroalkyl substances (PFAS) from the food chain. PEER notes that its petition highlights three human exposure pathways it asks the MAHA Commission to address: Biosolid fertilizers made from sewage sludge contain high levels of PFAS. According to PEER, nearly 20 percent of U.S. agricultural land is estimated to use...

On July 23, 2025, Environment and Climate Change Canada (ECCC) announced the release of the Plan of Priorities, a multi-year plan that outlines upcoming priorities for the assessment of chemical substances. The Plan includes a list of more than 30 substances and substance groups prioritized for assessment and includes new or expanded activities to help assess, control, and manage risks posed by substances. ECCC states that in selecting and prioritizing these substances, considerations included:...

The Make America Healthy Again Commission (MAHA) draft report, released on May 22, 2025, was a spectacular mix of damning claims and interesting “facts.” They all relate to the horrific state of the American diet, manipulation by vested interests controlling Congress, co-opted food safety and drug approval regulatory agencies, with a literally sick population of children addicted to ultra-processed food, electronic screens, and drugs pushed by the medical establishment. The root cause of...

The National Science Foundation Directorate for Technology, Innovation and Partnerships (NSF TIP) announced on August 7, 2025, an investment of nearly $32 million to five teams across the United States through the NSF Use-Inspired Acceleration of Protein Design (NSF USPRD) initiative. NSF states that the initiative “aims to accelerate the translation of artificial intelligence [(AI)]-based approaches to protein design and enable new applications of importance to the U.S. bioeconomy.” NSF...

On August 18, 2025, the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) advised the public that it is withdrawing notices of intent to prepare environmental impact statements (EIS) for two petitions seeking determinations of nonregulated status for organisms developed using genetic engineering. 90 Fed. Reg. 40050. APHIS states that its decision to withdraw the notices of intent is consistent with its July 9, 2025, Program Update that as of that date,...

Bergeson & Campbell, P.C. (B&C®) is pleased to announce publication of the 2025 edition of Guide to the Toxic Substances Control Act (TSCA), LexisNexis (Guide to TSCA). Guide to TSCA is the definitive comprehensive treatise on TSCA, written for lawyers, regulatory affairs specialists, and commercial and business people who need to understand the details of this law. The 2025 edition of Guide to TSCA was thoroughly updated, revised, and expanded by the lawyers, scientists, and regulatory...

The U.S. Environmental Protection Agency (EPA) announced on August 21, 2025, the availability of and solicited public comment on materials that are being submitted to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Scientific Advisory Panel (SAP) for peer review on “Determining the Absence of Novel Proteins in the Saliva of Genetically Engineered Mosquitoes for Mosquito Control.” 90 Fed. Reg. 40829. The white paper, charge questions, background documents, and related...

On August 20, 2025, the U.S. Environmental Protection Agency (EPA) extended the postponement of the effectiveness of certain regulatory provisions of the final Toxic Substances Control Act (TSCA) risk management rule for trichloroethylene (TCE) to November 17, 2025. 90 Fed. Reg. 40534. EPA is postponing certain requirements most recently postponed in June 2025. EPA notes that these requirements relate only to the TSCA Section 6(g) exemptions in the final TCE rule. As reported in our April 15,...

On August 14, 2025, the U.S. Environmental Protection Agency (EPA) announced the availability of its Pesticide App for Label Mitigations (PALM), which is described as an “easy-to-use, mobile-friendly tool to serve as a one-stop shop that helps farmers and applicators use EPA’s mitigation menu to reduce pesticide exposure to nontarget species from agricultural crop uses.” According to EPA, this new tool will allow farmers to access quickly mitigation information from the final Insecticide...

The U.S. Government Accountability Office (GAO) announced on August 14, 2025, a WatchBlog item entitled “EPA’s New Chemicals Program Could Improve Safety If Better Managed” that examines GAO’s January 2025 report on the U.S. Environmental Protection Agency’s (EPA) New Chemicals Program (NCP). According to GAO, EPA assesses new chemicals using a 13-step process that includes an eco hazard review, a human health hazard review, and several other risks assessments. In its January 2025...

On August 1, 2025, Senators Elissa Slotkin (D-MI), Amy Klobuchar (D-MN), Joni Ernst (R-IA), and Pete Ricketts (R-NE) reintroduced the bipartisan Biomanufacturing and Jobs Act (S. 2654). According to Slotkin’s August 6, 2025, press release, the bill would “create jobs and create new markets for our farmers by strengthening the United States Department of Agriculture (USDA) BioPreferred program, a program designed to promote the use of domestic biobased products.” The press release states...

On August 13, 2025, the U.S. Environmental Protection Agency (EPA) announced the relaunch of EPA’s Guidance Portal, “a streamlined website for accessing important guidance documents related to air quality, water protection, hazardous waste management, and more.” According to EPA, the website serves as a resource for all guidance documents managed across EPA's headquarters environmental programs. EPA designed the website to be a “one-stop shop to help users and small businesses easily and...

The European Union Deforestation Regulation (EUDR), in force since January 1, 2024, mandates that “relevant commodities” linked to deforestation -- including cattle, cocoa, coffee, oil palm, rubber, soya, and wood -- must not enter the European Union (EU) market unless documented as deforestation-free. A central pillar of the EUDR is its Country Classification List, placing nations into low-risk, standard-risk, or high-risk categories based on governance quality, deforestation rates, and,...

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,...

The U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) announced on July 8, 2025, that it has received a petition from Bayer CropScience seeking a determination of nonregulated status for MON 95275 maize (corn) that has been developed using genetic engineering to produce two insecticidal proteins and a double-stranded RNA transcript to provide protection from feeding damage caused by targeted coleopteran (corn rootworm) insect pests. 90 Fed. Reg. 30035....

On July 29, 2025, the U.S. Environmental Protection Agency (EPA) issued final significant use rules (SNUR) for certain chemical substances, including graphene nanoplatelets (generic), that were the subject of premanufacture notices (PMN) and a Microbial Commercial Activity Notice (MCAN) and are also subject to an Order issued by EPA pursuant to the Toxic Substances Control Act (TSCA). 90 Fed. Reg. 35624. The SNURs require persons who intend to manufacture (including import) or process any of the...

On July 1, 2025, the European Chemical Industry Council (Cefic) announced a new position paper and five-point action plan that will “help deliver a [European Union (EU)] Bioeconomy Strategy that supports the scale-up of bio-based chemistry, biomanufacturing, and achieve industrial transformation while adhering to planetary boundaries.” According to Cefic, the European Commission (EC) should mainstream revision of the EU Bioeconomy Strategy into all forthcoming legislations. The revision...

The U.S. Department of Agriculture (USDA) announced on August 1, 2025, the opening of a 30-day public comment period for stakeholders to provide feedback on USDA’s reorganization plan, as outlined in the July 24, 2025, memorandum issued by U.S. Secretary of Agriculture Brooke L. Rollins. According to the press release, the reorganization proposal reflects President Trump’s commitment to relocate federal agencies beyond the national capital region, reduce bureaucracy, and strengthen USDA’s...

On July 31, 2025, Senators Amy Klobuchar (D-MN) and Jerry Moran (R-KS) introduced bipartisan legislation to enhance the ability of the U.S. Department of Agriculture’s (USDA) Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance Program to support the development of advanced biofuels, renewable chemicals, and biobased products. According to Klobuchar’s July 31, 2025, press release, the Agricultural Biorefinery Innovation and Opportunity (Ag BIO) Act will update the...

On July 30, 2025, President Trump sent to the U.S. Senate Committee on Environment and Public Works (EPW) the nomination of Mr. Douglas Troutman to be Assistant Administrator for the Office of Chemical Safety and Pollution Prevention (OCSPP) at the U.S. Environmental Protection Agency (EPA). This position is the senior political position responsible for the regulation of pesticides and industrial chemicals under the authority of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and...

The U.S. Environmental Protection Agency (EPA) announced on July 30, 2025, that it seeks public comment to inform its reconsideration of the Toxic Substances Control Act (TSCA) regulation for perchloroethylene (PCE). 90 Fed. Reg. 35858. EPA notes that as promulgated in December 2024, the PCE risk management rule addresses the unreasonable risk of injury to health presented by PCE under its conditions of use (COU) by requiring various workplace exposure controls, prohibiting certain industrial...

On July 23, 2025, Safer States published its takeaways from the 2025 legislative session on toxic chemicals and plastics. According to Safer States, in 2025, ten states have adopted at least 22 policies intended to reduce exposure to toxic chemicals and advance safer solutions. Safer States notes the following trends from the 2025 legislative sessions: States are leading the charge to prevent exposure to per- and polyfluoroalkyl substances (PFAS), toxic plastics, and other harmful chemicals....

The Maine Department of Environmental Protection (MDEP) began a public consultation on July 30, 2025, on a proposed amendment to Chapter 90: Products Containing Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS). The proposed amendment would add two designations for currently unavoidable uses (CUU) of intentionally added PFAS in cleaning products subject to sales prohibition beginning January 1, 2026. According to the fact sheet, MDEP “held discussions with the Minnesota Pollution Control...

The U.S. Environmental Protection Agency (EPA) announced on July 28, 2025, the release of a memorandum with additional context on occupational exposure data for di(2-ethylhexyl) phthalate (DEHP). According to EPA, the memorandum provides clarifying information on the draft DEHP risk assessment by providing a calculation of the number of workers and occupational non-users (ONU) exposed to DEHP for each Occupational Exposure Scenario (OES) identified in the draft risk evaluation. EPA states that...

On July 1, 2025, the European Commission’s (EC) Scientific Committee on Consumer Safety (SCCS) issued a final opinion on hydroxyapatite (nano) in oral products. The EC asked SCCS if it considers hydroxyapatite (nano) safe when used in toothpaste up to a maximum concentration of 29.5 percent and in mouthwash up to a maximum concentration of ten percent according to the specifications as reported in the submission, taking into account reasonably foreseeable exposure conditions. According to the...

The U.S. Environmental Protection Agency (EPA) announced on July 23, 2025, that it seeks nominations of scientific and technical experts to be considered as ad hoc reviewers in the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Scientific Advisory Panel’s (SAP) review of EPA’s white paper on genetically engineered (GE) female mosquitoes for mosquito control. 90 Fed. Reg. 34864. EPA states that it will solicit review and input from the FIFRA SAP on methodologies for determining...