News and analysis regarding Lautenberg implementation and related legal and administrative developments

January 21, 2025

Witness Testimony Available for House Subcommittee Hearing on the Frank R. Lautenberg Chemical Safety for the 21st Century Act

On January 22, 2025, the House Energy and Commerce Subcommittee on Environment will hold a hearing entitled, “A Decade Later: Assessing the Legacy and Impact of the Frank R. Lautenberg Chemical Safety for the 21st Century Act.” The Committee website includes the following witness materials:...
January 17, 2025

House Energy and Commerce Subcommittee Will Hold Hearing on Revitalizing American Innovation and Enhancing the U.S. Chemical Supply Chain

On January 22, 2025, at 10:30 a.m. (EST), the House Energy and Commerce Subcommittee on Environment will hold a hearing entitled “A Decade Later: Assessing the Legacy and Impact of the Frank R. Lautenberg Chemical Safety for the 21st Century Act.” The Committee’s press release notes that “[t]he domestic production of chemicals is critical to the growth of our economy and vital to the success of American manufacturers.” According to the press release, nearly ten...
January 15, 2025

Pulling the Threads of the ‘Complicated Patchwork of Federal and State Law’ around PFAS Class Action Lawsuits

On January 7, 2025, Lynn L. Bergeson was interviewed by Christopher Bornmann in Pulling the Threads of the ‘Complicated Patchwork of Federal and State Law’ around PFAS Class Action Lawsuits for the 3E blog. Portions of this article covering the current landscape surrounding PFAS class action lawsuits are shared below by permission. To better understand the current landscape surrounding PFAS class action lawsuits and how companies can protect themselves from litigation, 3E sat down with Lynn...
January 14, 2025

EPA Releases Draft Risk Assessment of PFOA and PFOS in Biosolids, Will Hold Webinar on January 15, 2025

The U.S. Environmental Protection Agency (EPA) announced on January 14, 2025, a draft risk assessment of the potential human health risks associated with the presence of perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) in biosolids, also known as sewage sludge. According to EPA, the findings show that there may be human health risks associated with exposure to PFOA or PFOS with all three methods of using or disposing of sewage sludge — land application...
January 14, 2025

Cookware Association Files Federal Challenge to Minnesota’s Ban on PFAS in Cookware

The Cookware Sustainability Alliance (CSA) announced on January 9, 2025, that it has filed suit in the U.S. District Court for the District of Minnesota, seeking a preliminary injunction of Minnesota’s ban on the sale of cookware containing intentionally added per- and polyfluoroalkyl substances (PFAS). CSA v. Kessler (No. 0:25-cv-00041). According to CSA, the chemical coating on nonstick cookware contains fluoropolymers, which “are fundamentally different compounds from the chemicals that...
January 13, 2025

EPA Adds Nine PFAS to Toxics Release Inventory for Reporting Year 2025

The U.S. Environmental Protection Agency (EPA) announced on January 6, 2025, that it is updating the list of chemicals subject to toxic chemical release reporting under the Emergency Planning and Community Right-to-Know Act (EPCRA) and the Pollution Prevention Act (PPA). 90 Fed. Reg. 573. Specifically, the final rule updates the regulations to identify nine per- and polyfluoroalkyl substances (PFAS) that must be reported pursuant to the National Defense Authorization Act for Fiscal Year 2020...
January 10, 2025

EPA Further Extends Review Period for CBI Claims for the Identity of Chemicals on the TSCA Inventory

On January 6, 2025, the U.S. Environmental Protection Agency (EPA) announced the extension of the review period for confidential business information (CBI) claims for specific identities of all active chemical substances listed on the confidential portion of the Toxic Substances Control Act (TSCA) Inventory submitted to EPA under TSCA. 90 Fed. Reg. 645. As reported in our February 7, 2024, blog item, EPA previously extended the review period by one year, to February 19, 2025....
January 7, 2025

Appellate Court Vacates Requirement that Downstream Entities Reporting by Non-Confidential Accession Number Assert CBI Claims

On December 20, 2024, the U.S. Court of Appeals for the District of Columbia Circuit denied the Environmental Defense Fund’s (EDF) petition and granted the American Chemistry Council (ACC) and American Fuel and Petrochemical Manufacturers’ (AFPM) petition for review of the U.S. Environmental Protection Agency’s (EPA) final rule updating the requirements concerning the assertion and treatment of confidential business information (CBI) claims under the Toxic Substances Control Act (TSCA)....
January 3, 2025

EPA Publishes Preliminary Lists of Manufacturers (Including Importers) Subject to Fees for Risk Evaluations

On December 31, 2024, the U.S. Environmental Protection Agency (EPA) announced the availability of and solicited comment on the preliminary lists of manufacturers (including importers) subject to fees for the next five chemicals undergoing risk evaluation under Section 6(b) of the Toxic Substances Control Act (TSCA). 89 Fed. Reg. 107099. The five chemicals that have been designated as High-Priority Substances (HPS) for risk evaluation and for which fees will be charged are acetaldehyde (Chemical...
December 31, 2024

NGOs Appeal Dismissal of Suit Seeking TSCA Section 6 Rule Prohibiting Production of PFOA during Fluorination of Plastic Containers

On December 26, 2024, the Center for Environmental Health (CEH) and Public Employees for Environmental Responsibility (PEER) filed notice in the U.S. District Court for the District of Columbia that they are appealing the court’s December 11, 2024, decision dismissing their suit to the U.S. Court of Appeals for the District of Columbia Circuit. As reported in our December 17, 2024, blog item, the court dismissed a suit filed against the U.S. Environmental Protection Agency...