Articles

Christmas came early Sept. 16, when the U.S. District Court for the District of New Mexico issued an injunction enjoining the requirement to label consumer products containing intentionally added per- and polyfluoroalkyl substances (PFAS) made after Jan. 1, 2027, and offered for sale in New Mexico. The case is American Chemistry Council v. Kenney, No. 1:26-cv-02130. Why this constitutional challenge matters and what it means are discussed in this article.

On Sept. 2, 2026, U.S. Customs and Border Protection (CBP) published a consequential advance notice of proposed rulemaking (ANPRM) stating that it “is considering amending its regulations to give CBP greater visibility into the supply chains of goods imported into the United States.” (See 91 Fed. Reg. 56408.) CBP seeks comments on new requirements that it claims will enhance visibility into the parties involved in the importation of goods, integrate innovative technical solutions for the...

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...