Category: General

February 27, 2023

EC Appeals European General Court Decision Annulling the Harmonized Classification and Labeling of Titanium Dioxide

On February 14, 2023, the European Commission (EC) appealed the November 23, 2022, decision of the European General Court that annuls 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 concluded that the EC “made a manifest error in its assessment of the reliability and acceptability of the study on which the classification was based and, second,...
February 27, 2023

BETO Announces R&D Collaborations to Address Challenges in Biomanufacturing

By Lynn L. Bergeson and Carla N. Hutton   The U.S. Department of Energy’s (DOE) Bioenergy Technologies Office (BETO) recently announced the selection of five external collaborations totaling over $3.7 million to conduct research and development (R&D) needed to accelerate the U.S. biomanufacturing sector. Working with scientists at the Agile BioFoundry (ABF) consortium, these industry and academic groups will leverage national laboratory capabilities to address challenges in...
February 23, 2023

Will PFAS Be the End of “Natural” Product Claims?

On January 27, 2023, plaintiffs in the Southern District of New York announced their displeasure with the inconvenient fact that Tom’s Wicked Fresh! mouthwash contains measurable concentrations of PFAS. They channeled their displeasure by bringing a class action suit against Colgate-Palmolive Company and Tom’s of Maine, Inc. for fraud and unjust enrichment based on several state consumer protection laws, the federal Magnuson-Moss Warranty Act, and common law tort. Plaintiffs assert...
February 22, 2023

EPA Will Hold Regional PFAS Community Engagement Sessions in February and March 2023

As reported in our October 19, 2021, memorandum, the U.S. Environmental Protection Agency (EPA) published the PFAS Strategic Roadmap in October 2021, “laying out a whole-of-agency approach” to addressing per- and polyfluoroalkyl substances (PFAS). As part of the Roadmap, EPA committed to engage with communities in each EPA region to understand better their experiences and challenges in addressing PFAS contamination. To help inform EPA’s ongoing work under the Roadmap, EPA...
February 21, 2023

White House OSTP Summarizes Nano4EARTH Kickoff Workshop; Recordings Available Online

The kickoff workshop for Nano4EARTH was held January 24-25, 2023. Nano4EARTH will leverage recent investments in understanding and controlling matter at the nanoscale to develop technologies, industries, and training opportunities that address climate change. On January 26, 2023, the White House Office of Science and Technology Policy (OSTP) issued a press release summarizing the workshop. According to OSTP, more than 400 people across sectors, with diverse expertise and...
February 21, 2023

EPA Seeks Experts to Serve on BOSC Panel to Review Documents Concerning New EPA Transcriptomic Assessment Product

On February 15, 2023, the U.S. Environmental Protection Agency (EPA) requested nominations for technical experts to serve as Special Government Employees (SGE) on a review panel under the authority of the Board of Scientific Counselors (BOSC), a federal advisory committee to the Office of Research and Development (ORD). 88 Fed. Reg. 9880. EPA states that selected experts will review ORD’s draft documents detailing scientific studies supporting the development of transcriptomic-based...
February 17, 2023

EPA Announces Both EPA and FDA Seek Public Input on Modernizing Their Approach to Oversight of Certain Products

On February 15, 2023, the U.S. Environmental Protection Agency’s (EPA) Office of Chemical Safety and Pollution Prevention (OCSPP) and the U.S. Food and Drug Administration’s (FDA) Center for Veterinary Medicine (CVM) announced plans to seek public input on the best approaches for updating their respective oversight responsibilities for specific products. EPA states the goal is to determine responsibilities in an efficient and transparent manner and in alignment with each agency’s...
February 17, 2023

Environmental Law 2023, February 16-17, 2023, via webinar

American Law Institute Continuing Legal Education (ALI CLE) and the Environmental Law Institute (ELI) present Environmental Law 2023, covering the latest developments in natural resources (air, water, species), climate, chemical, energy, and environmental justice; and what’s happened with Congress after the mid-term elections, the Supreme Court, the Biden-Harris administration, as well as what the future holds. Lynn L. Bergeson, Managing Partner,...
February 17, 2023

EPA Updates TSCA Inventory, Plans Next Update in Summer 2023

The U.S. Environmental Protection Agency (EPA) announced on February 16, 2023, that the latest Toxic Substances Control Act (TSCA) Chemical Substance Inventory is now available on its website. The TSCA Inventory is a list of all existing chemical substances manufactured, processed, or imported in the United States. According to EPA, this update to the public TSCA Inventory is part of its biannual posting of non-confidential Inventory data. EPA plans the next regular update of the TSCA...
February 16, 2023

ECOS and BUND Publish Recommendations for the Testing of Nano- and Advanced Materials

On February 15, 2023, the Environmental Coalition on Standards (ECOS) and the Bund für Umwelt und Naturschutz Deutschland (BUND), non-governmental organizations in Europe working on both standardization and nanotechnologies, announced the release of a report entitled “Making nano- and advanced materials safe for all: State of play of discussions at the OECD.” According to the organizations, the use of nanomaterials remains underregulated in the European Union (EU). The press...