Public Policy and Regulation Blog®

On April 27, 2026, the U.S. Supreme Court heard oral argument in Monsanto Company v. Durnell, a closely watched case that could reshape the intersection of federal pesticide regulation and state tort law. At issue is whether failure to warn claims under state law, specifically those alleging that Roundup® (the trade name for herbicide products containing the active ingredient glyphosate) should carry a cancer warning, are preempted by the Federal Insecticide, Fungicide, and Rodenticide Act...

Concerns about microplastics and their effect on human and environmental health are no longer confined to academic literature or environmental advocacy. On April 6, 2026, the U.S. Environmental Protection Agency (EPA) and the U.S. Department of Health and Human Services (HHS) elevated the issue in a way that makes it harder for the regulated community to address the issue of microplastics as largely academic or purely speculative. EPA has proposed to add microplastics, for the first time, as a...

Escalating tensions between the United States and Iran are reverberating far beyond the immediate theater of armed conflict. Energy markets have responded quickly, with oil and gas prices rising amid concerns over supply disruptions in the Middle East. But as recent commentary underscores, this moment is not simply another geopolitical flashpoint. It reflects a deeper structural reality: the global economy is caught in a molting phase of an incomplete energy transition. Against this backdrop,...

Many residents of the Washington, D.C., area have spent some time in their careers as congressional employees, staff to a member of Congress (House or Senate), or staff members of the many committees of Congress on both sides of Capitol Hill. Put aside how many former staffers may comment on how much better the “old days” were, as Easter approaches, it is time to reflect on how much time, effectively, it has taken to enact legislation in this session of Congress. (Side note: For many, “old...

Recent geopolitical developments in the Middle East are reverberating far beyond the region, affecting global energy markets, fertilizer supply chains, and -- ultimately -- the economics of American agriculture. The turbulent and fluid situation illustrates how quickly foreign policy decisions and international conflicts can cascade through interconnected commodity markets, leaving U.S. farmers caught between rising input costs and volatile crop markets. Modern agriculture is deeply dependent on...

The U.S. Agency for Toxic Substances and Disease Registry (ATSDR) recently released two new Interaction Profiles for Toxic Chemical Mixtures, continuing a long-running federal effort to better understand the health effects of exposures to combinations of hazardous substances rather than individual chemicals in isolation. The two new profiles evaluate mixtures commonly encountered in environmental and indoor air contexts: Chloroform, 1,1-dichloroethylene (1,1-DCE), trichloroethylene (TCE), and...

On March 4, 2026, the U.S. Senate Committee on Environment and Public Works (EPW) held a legislative hearing to examine a discussion draft of the Toxic Substances Control Act Fee Reauthorization and Improvement Act of 2026. The hearing focused on reauthorizing Toxic Substances Control Act (TSCA) user fees that support the U.S. Environmental Protection Agency’s (EPA) chemical review programs and exploring potential reforms to the Agency’s new chemicals review process. The TSCA fee provisions...

Recent headlines have declared that the Olympics have “banned PFAS,” with athletes reportedly disqualified after testing revealed the presence of so-called “forever chemicals” on their equipment. The reality is more nuanced, and that nuance matters. The policy at issue does not originate with the International Olympic Committee (IOC), but with the International Ski Federation (FIS), which governs ski and snowboard competitions under its International Competition Rules (ICR). FIS has...

The release of a discussion draft to amend the Toxic Substances Control Act (TSCA) offers an early window into how chemical policy may evolve in Congress, even as the legislative path forward remains uncertain. While the proposal itself has already been examined in detail elsewhere, its broader significance lies in what it reveals about congressional priorities, institutional pressures, and the ongoing effort to recalibrate chemical regulation nearly a decade after the 2016 TSCA amendments. The...

Current gyrations in foreign policy under the Trump Administration raise potential unintended impacts on the U.S. chemical industry, particularly at the intersection of international regulatory cooperation, global toxics governance, and trade policy. While chemical regulation is often viewed as a domestic exercise, it is shaped materially by international alignment, mutual recognition, and trade-related obligations. Fractures in U.S. relationships with allies and multilateral institutions could...

As the 2026 election cycle comes into sharper focus, Congress is entering a period of unusual transition. A growing number of Republican lawmakers as well as some Democrats have announced retirements, resignations, or decisions not to seek re-election. This reflects internal strain within the party and broader dissatisfaction with the pace and structure of congressional governance. While political realignments are not new, the current trend raises important questions about how sustained turnover...

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As 2025 draws to a close, one of the most consequential, but least publicly discussed, shifts in federal environmental governance has been the quiet expansion of artificial intelligence (AI) behind the scenes across multiple federal agencies. AI tools are not new in federal science programs, but 2025 marked a turning point: agencies began integrating machine-learning models into routine workflows in exposure modeling, surveillance, enforcement targeting, and environmental monitoring. The White...

It appears increasingly likely that the U.S. Environmental Protection Agency (EPA) and other federal agencies will face yet another shutdown at the end of January 2026. When Congress failed to pass appropriations legislation for the 2026 fiscal year (FY) by September 30, 2025, what ensued was a record-setting 43-day closure of the U.S. government. November 12, 2025’s, Hail Mary Senate agreement funds the government at existing spending levels -- but only until January 30, 2026. The bill that...

The U.S. soybean industry remains a focal point in the intersection of American agriculture, global trade policy, and federal regulatory action. Ongoing trade tensions -- particularly between the United States and China -- have reshaped the global soybean value chain, while rising input costs, labor constraints, and regulatory uncertainty create additional pressures for farmers. In recent months, attention has turned toward how the reopening of the federal government -- after extended funding...

On Wednesday, November 5, 2025, the Supreme Court of the United States heard arguments on executive tariff authority, a case that promises to have ripple effects far beyond the bounds of pure trade law. Trump v. V.O.S. Selections, Inc., No. 25-250. In the chemical sector -- where global chemical feedstocks, complex supply chains, and regulatory compliance are already famously complicated -- the stakes are especially high. If the Court limits or invalidates the President’s ability unilaterally...

As the federal government endures another prolonged shutdown, uncertainty is rippling through every agency, with the impact clearly visible at the U.S. Environmental Protection Agency (EPA). With only a fraction of staff on duty and most routine operations halted, the chemical and pesticide regulatory landscape faces a new round of challenges in both the Office of Pollution Prevention and Toxics (OPPT) and the Office of Pesticide Programs (OPP). EPA’s September 29, 2025, contingency plan...

As Congress edges closer to another potential government shutdown, questions loom large about how federal agencies will manage critical regulatory responsibilities. For the U.S. Environmental Protection Agency (EPA), even a short lapse in appropriations and critical staffing could have significant consequences for the implementation of the Toxic Substances Control Act (TSCA). TSCA is built around statutory deadlines. For example, there are strict timelines for new chemical reviews under Section...

Given the cancellation of an expected meeting between President Trump and the congressional Democratic leadership, it appears there will not be any agreement about appropriations for fiscal year (FY) 2026 before the start of the new FY. Absent enacted funding past September 30, 2025, a federal shutdown will begin at 12:01 a.m. (EDT) on October 1, 2025. Now What? There was hope for a Continuing Resolution (CR) of some length that would have allowed negotiations to continue about funding the new...

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...

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 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 July 18, 2025, the U.S. Environmental Protection Agency (EPA) rolled out the “reorganization plan” for its Office of Research and Development (ORD). The stated goal of the plan is to reduce budget expenditures, improve “science,” and have EPA’s research activities better support the work of the media offices, including the Office of Water (OW), Office of Air and Radiation (OAR), and Office of Chemical Safety and Pollution Prevention (OCSPP). The EPA press release refers to the...

On June 23, 2025, the White House Office of Science and Technology Policy (OSTP) announced that it issued agency guidance for implementing Gold Standard Science in the conduct and management of scientific activities. As reported in our June 5, 2025, memorandum, on May 27, 2025, President Trump signed an Executive Order (EO) on “Restoring Gold Standard Science.” The EO restores the scientific integrity policies of the first Trump Administration and “ensures that agencies practice data...

The U.S. Department of Agriculture (USDA) has been around for more than 150 years, stressing the importance of American agriculture to a bountiful food production system since Abraham Lincoln first signed it into being in 1862. Lincoln himself, in fact, in his 1864 final annual message to Congress, christened USDA “the people’s Department,” just before commending it “to the continued attention and fostering care of Congress.” From industrialization to the mechanization of farming,...

On June 5, 2025, the Joint Economic Committee (JEC) of the U.S. Congress convened a hearing titled “Barriers to Supply Chain Modernization and Factor Productivity Enhancements.” Throughout the hearing, members and witnesses alike underscored the role of “regulatory friction” -- especially in the form of fragmented and unpredictable requirements -- as a key factor slowing investment in domestic manufacturing and threatening supply chain resilience. While the U.S. Environmental Protection...

On March 20, 2025, House Republicans passed the “Big Beautiful Bill” (BBB) as part of H.R. 1, a sweeping legislative package that includes dramatic rollbacks of many of the clean energy tax credits established under the Inflation Reduction Act (IRA). While the bill has little chance of advancing in the Senate in its current form, its proposed cuts offer a window into shifting political priorities and could have significant implications for the U.S. clean energy manufacturing sector. Subtitle...

In response to President Trump’s February 13, 2025, Executive Order (EO) 14212, “Establishing The President’s Make America Healthy Again Commission,” the White House issued part of what is being called “The MAHA Report” (with MAHA an acronym for Make America Healthy Again), entitled “Make Our Children Healthy Again: Assessment” (the Assessment) on May 22, 2025. Section One of the Assessment, “The Shift to Ultra-Processed Foods,” includes the Commission’s thoughts on the...

Ponder the following existential question: Who does their job less effectively? Members of Congress, or employees of federal agencies? Let’s examine the U.S. Environmental Protection Agency (EPA) employees versus those responsible for legislating environmental laws. Congress has not been able to reauthorize environmental statutes for years, with some (most) needing significant attention. EPA relies on 1990 Clean Air Act amendments to sort out air pollution issues and address climate change...

Per- and polyfluoroalkyl substances (PFAS) remain a top concern for regulators and the public alike. While federal regulators continue to lay the groundwork for a comprehensive response, including through the PFAS Strategic Roadmap, states are increasingly positioning themselves as policy innovators in this space. The recent announcement that the U.S. Environmental Protection Agency (EPA) will issue additional guidance and extend the compliance deadline for the Toxic Substances Control Act...

On May 2, 2025, U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin announced the “[n]ext phase of organizational improvements to better integrate science into agency offices.” As part of this reorganization effort, Administrator Zeldin introduced the creation of the Office of Applied Science and Environmental Solutions (OASES) within the Office of the Administrator. According to Zeldin, OASES will “align research and put science at the forefront of the agency’s...

President Donald Trump's initial 100 days in office during his second term have marked a significant shift in the United States' approach to chemical regulation, emphasizing deregulation and industry facilitation over more traditional environmental and public health safeguards. President Trump’s actions, inactions, and policy choices during his first 100 days seem to have come at a cost, as polls show his approval rating has decreased to 39 percent, an 80-year low for a President’s first 100...

The U.S. Environmental Protection Agency (EPA) has long navigated the complex intersection of science, law, policy, and public trust. Under the Trump Administration, EPA faces renewed scrutiny. The Administration seeks regulatory rollbacks and is pursuing a broader deregulatory strategy that many believe risks sacrificing hard won environmental protections in the name of economic growth. While early promises to reduce bureaucratic red tape struck a chord with a number in industry, implementation...

There are a variety of accounts on the progress and success of the first days of the Trump Administration. Some put special significance on a new administration’s first 100 days, but is this the first 100 days or four years + 100 days? In particular, appearing April 21, 2025, in The Washington Post, there is a report tracing what has happened to the “Five Things” mandate coming from Elon Musk and the DOGE (Department of Government Efficiency) effort. This was a “mandate” to report...

Congress has approximately one month to use the Congressional Review Act (CRA) to undo qualifying Biden Administration-issued regulations. According to an updated analysis by Bloomberg Government, the estimated period to expedite repeal of Biden Administration rules ends May 8, 2025. This gives Congress approximately four weeks to act on the dozens of pending CRA bills. President Trump’s focus on overturning Biden Administration regulations through the CRA has taken a back seat of late to...

Recent press reports tell of rumors of impactful (some fear catastrophic) budget cuts to the U.S. Environmental Protection Agency (EPA). Politically, priority on reducing EPA’s climate programs, along with budget and personnel cuts, are not surprising given the election results. Recent rumors include chatter that the EPA Office of Research and Development (ORD) might be eliminated and/or its staff redistributed, with a specific target on the back of ORD’s Integrated Risk Information System...

Current news on the government efficiency and reform front concerns the near-miss of a government shutdown last week (the budget would have lapsed at midnight on March 14, 2025). One reason some cited against allowing a shutdown to occur is how it might encourage or otherwise aid in attempts to eliminate positions if they were deemed “essential” or not. As one who has gone through the “who is essential” exercise in a senior management position at the U.S. Environmental Protection Agency...

After President Trump’s address to Congress on Tuesday, March 4, 2025, it is unclear if there will be much desire or willingness on behalf of the Democrats and Republicans to collaborate on legislation during the 119th Congress. President Trump and congressional Republicans are moving toward “one big, beautiful” reconciliation bill (that is possible to enact without Democratic support) that will reflect most of President Trump’s priorities. The question is: what happens after...

Headlines this weekend refer to “renewed chaos” over e-mails sent to federal employees at most (some? all?) agencies of the government -- asking employees to list their five accomplishments for the week. In our February 24, 2025, blog item, we explored how employees might answer such vague requests in the absence of more guidance about who is asking and what is to be reported. The larger issue is that the current turmoil and confused information surrounding budget and staffing outcomes at...

Much has been written about the Congressional Review Act (CRA), which Congress can use to repeal qualifying federal agency actions. The CRA was enacted as part of the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA). According to the Congressional Research Service (CRS), through 2024 the CRA was used to repeal 20 rules, including 16 during President Trump’s first term. The CRA was also used successfully one time in the 107th Congress (2001-2002) under former President G.W....

It was reported this weekend that all federal employees received an e-mail from the Office of Personnel Management (OPM) telling employees to report “five bullets about what you did last week.” The e-mail also states that failure to do so would be interpreted to mean that the employee is offering their resignation. This is reported as part of the drive to shake up or reform, review, or rebuke the federal workforce. Whatever one speculates about motivation, this will likely be taken by many...

March 14, 2025, looms as an important deadline in the middle of President Trump’s first 100 days in office, a milestone often used to evaluate the effectiveness of a new President. March 14 is the day that the American Relief Act, 2025 (Public Law 118-158), which provides temporary funding for the federal government, expires. The law was enacted during the 118th Congress and signed into law by President Biden. At the time, some questioned whether having government funding expire during...

Among the less-noticed, less-reported implications of “firing” federal employees for whatever reason (or no reason) is the process under current law and regulations that applies to reducing or eliminating programs and positions within the U.S. government. Known as a reduction in force (RIF), these procedures are arcane, complicated, and could have many unintended impacts even if imposed to attain targeted reductions in specific parts or programs of the federal workforce. The Executive Order...

President Trump, on January 31, 2025, issued Executive Order 14192, “Unleashing Prosperity Through Deregulation.” This has been referred to as President Trump’s “ten-to-one deregulation initiative” that he spoke about when he was campaigning. If this initiative seems familiar, it may be because you remember Executive Order 13771, “Reducing Regulation and Controlling Regulatory Costs,” issued on February 3, 2017, by President Trump in his first term. That Executive Order called for...

U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin on February 4, 2025, announced the “Powering the Great American Comeback Initiative” (PGAC Initiative). It consists of five pillars and is intended to serve as a roadmap to guide EPA’s actions under Administrator Zeldin. The five pillars are:  Clean Air, Land, and Water for Every American; Restore American Energy Dominance; Permitting Reform, Cooperative Federalism, and Cross-Agency Partnership; Make the United States...

In a development no one could have predicted several weeks ago, the first hearing of the 119th Congress in the House Committee on Energy and Commerce (E&C) focused on the Toxic Substances Control Act (TSCA) and amendments to TSCA that were enacted more than eight years ago. The E&C Subcommittee on Environment (the Subcommittee) hearing on January 22, 2025, “A Decade Later: Assessing the Legacy and Impact of the Frank R. Lautenberg Chemical Safety for the 21st Century Act,” featured...

Representatives Diana Harshbarger (R-TN) and Mariannette Miller-Meeks (R-IA) introduced H.J. Res. 27, a resolution expressing congressional disapproval of the U.S. Environmental Protection Agency’s (EPA) rule on trichloroethylene (TCE). This joint resolution is an attempt to use the Congressional Review Act (CRA) to overturn EPA’s recent TCE rule issued under the Toxic Substances Control Act (TSCA). Introduction of a resolution of disapproval is the first step in the process of overturning a...

The Senate Committee on Environment and Public Works (EPW) on January 23, 2025, advanced the nomination of Lee Zeldin to the full Senate for a vote to confirm him as the next Administrator of the U.S. Environmental Protection Agency (EPA). The 11-8 vote to advance the nomination was largely along party lines, with Senator Mark Kelly (D-AZ) as the only Democrat to vote in favor of advancing Zeldin’s nomination. Zeldin is expected to be confirmed by the Senate. EPW held a hearing on the...

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. Richard E. Engler, Ph.D., Director of Chemistry for...

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 his priorities as EPA Administrator and how the Trump...