Articles

By this date, you are aware of the fast-approaching requirements that apply under the New Mexico Environment Department (NMED) final rule issued on May 5, 2026, regarding per- and polyfluoroalkyl substances (PFAS) in consumer products. (See Bergeson & Campbell, P.C.’s May 4, 2026, memorandum on the final rule.) The most controversial and burdensome part of the rule concerns labeling products containing intentionally added PFAS manufactured after Jan. 1, 2027. NMED recently clarified that...

Concerns about microplastics and their effect on human and environmental health continue to expand. 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 microplastics as a matter of academic or speculative concern. EPA proposed to add microplastics, for the first time, as a priority contaminant group on the Drinking Water...

In July, the Office of Management and Budget (OMB) published the Trump Administration’s 2026 Unified Agenda. This article covers covers the U.S. Environmental Protection Agency’s (EPA) Unified Agenda rulemakings regarding per- and polyfluoroalkyl substances (PFAS).

There are some who maintain that Republican administrations do not prioritise the enforcement of US environmental laws and tend to give industry a pass on regulatory compliance, except in the most egregious cases. This view was likely reinforced by several core themes of candidate Trump’s campaign, which assailed "job-killing" regulations that burden American businesses and hurt the economy, coupled with President Trump’s day one executive orders, which included an immediate freeze on new...

There is a mistaken perception that the U.S. Environmental Protection Agency (EPA) is not aggressively enforcing U.S. chemical laws. It is. EPA announced on June 1, 2026, that it filed an administrative complaint against Wego Chemical Group and related companies (Wego) for violations of the Toxic Substances Control Act (TSCA). If EPA seeks maximum penalties, it could yield a whopping $34 million penalty. The complaint, and others like it, reflect the agency’s commitment to...

On April 6, 2026, the U.S. Environmental Protection Agency (EPA) released the draft of its sixth Contaminant Candidate List (CCL) under the Safe Drinking Water Act (SDWA), including, for the first time, microplastics as a priority contaminant group (91 Fed. Reg. 17186). This is yet another indication of how regulatory and litigation attention is increasingly focusing on microplastics. Industrial stakeholders need to be aware.

Stakeholders in the plastics industry are facing unique challenges as new laws, policies and public scrutiny reshape the regulatory landscape for plastic products, labeling and waste streams. Litigation can create resource burdens on defendants and impose economic hardship via litigation costs or declines in consumer trust stemming from the litigation — regardless of the outcome. Common claims in such suits include violations of environmental protection standards, public nuisance due to...

Despite the best efforts and good intentions of a broad community of chemical interests, including industry, nongovernmental organizations (NGO), and government entities, implementation of the Toxic Substances Control Act (TSCA), 15 U.S.C. §§ 2601–97, has been uneven for as long as memory serves. The many challenges in implementing TSCA after Congress first enacted it in 1976 are well documented. Its aspirational tone and lofty goals were matched only by its unique lack of specificity or a...

Chemical stakeholders have, over the decades, vigorously debated how best to balance the need for CBI protections with the public’s legitimate and increasing insistence that it has a right-to-know about chemicals to which people may be exposed. Stakeholders in the environmental and public health community seeking greater transparency are challenging the U.S. Environmental Protection Agency’s (EPA) implementation of TSCA’s Section 5 new chemicals program. The case illustrates new...

2026 will be a consequential year for per- and polyfluoroalkyl substances (PFAS) regulation. Safer States released an analysis in February reporting on 2026 state chemical initiatives. According to the analysis, at least 15 major state laws and regulations are expected to take shape, including broad restrictions on PFAS. This column focuses on New Mexico's proposed rule implementing the Per- and Polyfluoroalkyl Substances (PFAS) Protection Act. What makes the New Mexico proposal so interesting...