Blogs

On December 2, 2024, the U.S. Environmental Protection Agency (EPA) released, and is seeking public comment on, its proposed guidance for antimicrobial pesticide registrants intended to improve the efficiency of Endangered Species Act (ESA) considerations for new active ingredients, new uses, and registration review actions for antimicrobial pesticides. Comments are due on or before January 1, 2025. EPA states that this guidance, when issued in final, will fulfill the requirements outlined in...

The Congressional Research Service (CRS) posted a November 30, 2024, update to its report entitled “Gene-Edited Plants: Regulation and Issues for Congress.” Gene-edited plants are regulated under the U.S. Coordinated Framework for Regulation of Biotechnology, which coordinates how the U.S. Department of Agriculture (USDA), the U.S. Food and Drug Administration (FDA), and the U.S. Environmental Protection Agency (EPA) regulate biotechnology products to ensure their safety. Over time, the...

On November 22, 2024, the U.S. District Court for the District of Columbia entered two consent decrees establishing deadlines for completing risk evaluations for 20 High-Priority Chemicals and two manufacturer-requested risk evaluations (MRRE). The Community In-Power and Development Association Inc. (CIDA), v. EPA, Case No. 1:23-cv-02715. As reported in our May 10, 2024, memorandum, CIDA, the Learning Disabilities Association of America, Louisiana Environmental Action Network, Sierra Club, and...

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, memorandum, the final Sustainable, Ecological,...

On November 29, 2024, the Internal Revenue Service (IRS) announced that petitions have been filed to add the following chemicals to the list of taxable substances: Di-isobutyl ketone (89 Fed. Reg. 94879): ALTIVIA Ketones & Additives, LLC, an exporter of di-isobutyl ketone, filed the petition. According to the petition, di-isobutyl ketone is an organic compound that is used in solvents; paints and coatings; automobile refinishing; and pharmaceuticals. Di-isobutyl ketone is made from...

The U.S. Environmental Protection Agency (EPA) has released the annual pesticide registration maintenance fee materials for fiscal year (FY) 2025. The deadline for payment of EPA’s annual maintenance fee for pesticide registration is January 15, 2025. Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Section 4(i)(1)(A) requires everyone who holds an active or suspended pesticide registration granted under FIFRA Sections 3 and 24(c) (special local needs) to pay an annual maintenance...

On November 20, 2024, the U.S. Environmental Protection Agency (EPA) announced the release of its draft guidance for public comment to support registration and evaluation of efficacy claims for pre-saturated antimicrobial towelettes on hard non-porous surfaces such as stainless steel, metal, glass, hard plastic, or sealed wood, commonly seen in the market as “disinfecting wipes,” using a recently approved standard test method. The draft guidance is available at EPA-HQ-OPP-2024-0414-0004....

On December 11, 2024, the U.S. Department of Energy’s (DOE) Idaho National Laboratory (INL) will hold a webinar on its Bioenergy Feedstock Library, “a cornerstone database resource funded by DOE’s Bioenergy Technologies Office (BETO), and how it supports bioenergy research.” According to DOE, the Bioenergy Feedstock Library provides information and knowledge on over 100,000 bioenergy feedstock samples, supporting U.S. bioeconomy development by providing standardized data on biomass...

The Subcommittee on Chemical Safety, Waste Management, Environmental Justice, and Regulatory Oversight of the U.S. Senate Committee on Environment and Public Works will hold a hearing on December 5, 2024, titled “Examining the Public Health Impacts of PFAS Exposures.” The Subcommittee will hear from the following witnesses: Laurel Schaider, Ph.D., Senior Scientist, Environmental Chemistry and Engineering, Silent Spring Institute; Sue Fenton, Ph.D., Director of the Center for Human Health and...

The U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) announced on November 13, 2024, that it added modifications a plant may contain and qualify for exemption from regulations governing movement of organisms modified or produced using genetic engineering because the modifications are achievable through conventional breeding. 89 Fed. Reg. 89569. As reported in our November 16, 2023, blog item, APHIS had proposed five types of modifications: Plants that...

The U.S. Department of Energy (DOE) announced on November 13, 2024, the release of its latest Pathways to Commercial Liftoff report, “Pathways to Commercial Liftoff: Sustainable Aviation Fuel,” which analyzes the technical and commercial readiness of several sustainable aviation fuel (SAF) production pathways and highlights steps that both the public and private sector can take to make the United States a global leader in SAF production as soon as 2030. According to DOE, key findings from...

On November 22, 2024, the U.S. Environmental Protection Agency (EPA) announced the availability of more than 4,500 Data Evaluation Records (DER) in ChemView, a public portal that houses data and review of toxic chemicals. EPA defines a DER as the documented EPA review of studies submitted during the request to register a pesticide or during the registration review process. The studies for which EPA may prepare a DER include product chemistry, toxicology, ecological effects, human exposure, spray...

The U.S. Department of Energy’s (DOE) Bioenergy Technologies Office (BETO) will host the next Project Peer Review from April 22-25, 2025, in Arlington, Virginia.  During the 2025 Project Peer Review, around 200 projects in BETO’s research, development, and demonstration portfolio will be presented to the public and systematically reviewed by external subject-matter experts from academia, industry, and federal agencies. BETO notes that the Project Peer Review will have several simultaneous...

On November 20, 2024, Senator Ed Markey (D-MA) and Representative Jennifer McClellan (D-VA) introduced the Get Toxic Substances Out of Schools Act of 2024. This is the third consecutive Congress in which Senator Markey has introduced similar legislation. The 118th Congress version, S. 5363 and H.R. 10173, builds on earlier versions by authorizing new grants to address indoor air quality in schools and childcare centers. Congress is unlikely to act on this legislation in the few remaining weeks...

The U.S. Department of Energy’s (DOE) Bioenergy Technologies Office (BETO) announced on November 20, 2024, the release of the Sustainable Aviation Fuel (SAF) Grand Challenge Roadmap Implementation Framework. Developed by an interagency team led by DOE, the U.S. Department of Agriculture (USDA), and U.S. Department of Transportation’s (DOT) Federal Aviation Administration (FAA), the framework is a supplemental document to the roadmap. Whereas the roadmap identified the actions needed to...

President-elect Trump’s proposed (and aspirational) Department of Government Efficiency (DOGE) is the latest incarnation of a new Administration’s attempt to leave its mark on the federal government. In the November 20, 2024, Wall Street Journal, Elon Musk and Vivek Ramaswamy published an Op-ed about the DOGE effort they will lead and the three kinds of reform DOGE will pursue: regulatory recissions, administrative reductions, and cost savings. We propose that DOGE add a fourth, equally...

On November 13, 2024, the U.S. Environmental Protection Agency (EPA) announced the release of its interim guidance and additional materials to support the regulatory community in implementing the requirements of the October 4, 2024, final rule for the Agricultural Worker Protection Standard (WPS) Application Exclusion Zone (AEZ) (2024 AEZ Rule). EPA also has created a Frequently Asked Questions (FAQ) document regarding the rulemaking, as well as a chart comparing the differences between the 2015...

On November 6, 2024, the U.S. Environmental Protection Agency (EPA) announced the release of updates to suggestions it provides to registrants when they develop benefits information for new conventional pesticide registrations and new outdoor uses of conventional pesticides. EPA states the updated document may assist registrants to ensure they submit useful and complete benefits-related information and thus save EPA’s review time for new pesticide registrations and outdoor uses. As background,...

The U.S. Environmental Protection Agency (EPA) announced on November 20, 2024, the launch of the Tackling Emerging Contaminants (TEC) initiative, a new, no-cost technical assistance effort focused on reducing exposure to perfluoroalkyl and polyfluoroalkyl substances (PFAS) and other emerging contaminants in small or disadvantaged communities. According to EPA, the objective of the TEC Water Technical Assistance (WaterTA) is to support small or disadvantaged communities assess and address...

On November 15, 2024, the White House Office of Science and Technology Policy (OSTP) released a report by the Biomanufacturing Interagency Working Group entitled “Building a Vibrant Domestic Biomanufacturing Ecosystem.” The Working Group includes representatives from the U.S. Department of Defense, U.S. Department of Energy, U.S. Department of Commerce, U.S. Department of Agriculture, U.S. Department of Health and Human Services, National Science Foundation, U.S. Department of State, the...