Memoranda

On August 14, 2026, Earthjustice announced that two non-governmental organizations (NGO) filed suit in the U.S. Court of Appeals for the Ninth Circuit challenging the U.S. Environmental Protection Agency’s (EPA) approval of two new chemicals for use in the manufacturing of semiconductors. CHIPS Communities United and Sierra Club seek review of two Consent Orders issued under Section 5 of the Toxic Substances Control Act (TSCA) authorizing the manufacture, processing, distribution in commerce,...

Anticipating an increase in the use of recycled plastics, Health Canada has begun a public consultation on a high-level overview of a proposed food packaging framework. Under Canada’s Food and Drug Regulations (FDR), Health Canada currently conducts a premarket assessment of a food contact material (FCM) only when a request is voluntarily submitted. According to Health Canada’s consultation document, this “may limit Health Canada’s ability to proactively identify and respond to emerging...

On August 10, 2026, the U.S. Environmental Protection Agency (EPA) announced the availability of and requested public comment on the draft risk evaluations under the Toxic Substances Control Act (TSCA) for o-dichlorobenzene (oDCB) and p-dichlorobenzene (pDCB). 91 Fed. Reg. 51488. EPA notes that the purpose of TSCA risk evaluations is to determine whether a chemical substance presents an unreasonable risk of injury to health or the environment under the conditions of use (COU), including...

The U.S. Environmental Protection Agency (EPA) announced on July 31, 2026, that it is advancing its review of trans‑1,2‑dichloroethylene and 1,2‑dichloropropane under the Toxic Substances Control Act (TSCA) “by releasing draft technical support documents that explain how the agency estimates exposure to these common solvents.” According to EPA, “[e]valuating potential risks from these solvents is important because they are widely used in industry and may be present in consumer...

The U.S. Department of Commerce, Bureau of Industry and Security (BIS) published on August 6, 2026, a temporary final rule (the Rule) titled “DPAS Directive Allocation Order and Additional Requirements for Recoverable Critical Minerals and Materials” to restrict the exportation of black mass and tungsten waste and scrap. According to BIS, “this temporary rule is necessary to immediately secure the supply of certain recoverable [critical minerals and materials] CMMs to ensure an adequate...

The U.S. Environmental Protection Agency (EPA) issued a final rule on July 28, 2026, extending certain compliance dates applicable to certain entities subject to the risk management rules for perchloroethylene (PCE) and carbon tetrachloride (CTC) under the Toxic Substances Control Act (TSCA). 91 Fed. Reg. 47145. EPA states that it is extending certain Workplace Chemical Protection Program (WCPP) compliance dates for non-federal owners and operators to match the existing compliance dates for...

On July 10, 2026, the U.S. Department of Agriculture (USDA), the U.S. Department of Health and Human Services (HHS), and the U.S. Environmental Protection Agency (EPA) (Signatory Agencies) announced an updated Memorandum of Understanding (MOU) to “reaffirm their shared commitment to protecting consumers from heavy metals and other contaminants in food.” USDA’s July 10, 2026, press release notes that for decades, USDA, HHS, and EPA have coordinated through the National Residue Program to...

The New Mexico Environment Department (NMED) has updated its website to include information on per- and polyfluoroalkyl substances (PFAS) in products for consumers, businesses, and manufacturers. As reported in our May 4, 2026, memorandum, New Mexico recently enacted a final rule that includes prohibitions for certain consumer products containing intentionally added PFAS in 2027 and 2028; reporting on products containing intentionally added PFAS due January 1, 2027; a labeling requirement for...

On June 24, 2026, the U.S. Environmental Protection Agency (EPA), the U.S. Department of Justice (DOJ), and the West Virginia Department of Environmental Protection (WV DEP) announced “the first comprehensive federal settlement with a major PFAS manufacturer, Chemours.” Under the $450 million settlement agreement, Chemours will spend more than $337 million on injunctive relief, including an estimated $280 million to provide alternative drinking water, $60 million to ensure compliance with...

For more than a decade, litigation over glyphosate-based herbicides has sat at the intersection of federal pesticide regulation, state tort law, scientific risk assessment, and broader debates over the role of juries in evaluating product safety. The Supreme Court's June 25, 2026, decision in Monsanto Company v. Durnell (Durnell) represents the Court's most significant interpretation of the Federal Insecticide, Fungicide, and Rodenticide Act's (FIFRA) preemption provision since Bates v. Dow...

The New Mexico Environment Department (NMED) published in the May 5, 2026, issue of the New Mexico Register a final rule on per- and polyfluoroalkyl substances (PFAS) in consumer products. On May 22, 2026, Diamond Vogel, Inc., a paint manufacturer, filed a Notice of Appeal in the New Mexico Court of Appeals (Diamond Vogel v. New Mexico, Ct. App. No. A-1-CA-43483). Diamond Vogel is challenging the final rule’s labeling and fee provisions. On July 1, 2026, a coalition of industry associations...

The U.S. Environmental Protection Agency (EPA) announced on June 23, 2026, that it seeks information “to develop a durable Toxic Substances Control Act (TSCA) regulation for legacy uses and associated disposals of asbestos, non-chrysotile and chrysotile asbestos fiber types, and asbestos-containing talc” (Asbestos Part 2). EPA evaluated these materials in its 2024 risk evaluation. EPA notes that “[e]xposure risk arises whenever asbestos-containing materials are disturbed -- during...

The U.S. Environmental Protection Agency (EPA) announced on June 17, 2026, that it is advancing its review of five chemicals under the Toxic Substances Control Act (TSCA) -- 1,1,2-trichloroethane; 4,4'-(1-methylethylidene)bis[2,6-dibromophenol] (TBBPA); 1,2-dichloropropane;  ethylene dibromide; and trans-1,2-dichloroethylene -- by sending the underlying science to the Science Advisory Committee on Chemicals (SACC) for peer review and opening it for public comment. EPA states that...

On June 10, 2026, Bergeson & Campbell, P.C. (B&C®), the Environmental Law Institute (ELI), and the George Washington University (GWU) Milken Institute School of Public Health presented “TSCA Reform -- Ten Years Later.” This virtual conference marked the tenth Toxic Substances Control Act (TSCA) Annual Conference, reflecting on the accomplishments and challenges since the implementation of the 2016 Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg Act) and...

On June 12, 2026, the U.S. Environmental Protection Agency (EPA) released its draft risk evaluation for 4,4'-(1-methylethylidene)bis[2, 6-dibromophenol] (TBBPA) under the Toxic Substances Control Act (TSCA). EPA states in its press release that “[u]sing gold standard science -- including real-world monitoring data and modeling -- the draft identifies unreasonable risk to workers from inhalation exposure (three conditions of use [COU]) and unreasonable risk to the environment from releases to...

Shortly after announcing a case against a chemical supplier for failing to disclose imports of “hundreds of millions of pounds of toxic chemicals and their intended use,” the U.S. Environmental Protection Agency (EPA) announced on June 4, 2026, a settlement with an international agribusiness company for claims of violations of the Toxic Substances Control Act (TSCA) at its facilities in California and Washington. According to EPA, Wilbur-Ellis Company agreed to pay a penalty of $630,737 for...

The U.S. Environmental Protection Agency (EPA) announced on June 1, 2026, that it has filed an administrative complaint against Wego Chemical Group and related companies (Wego) for violations of the Toxic Substances Control Act (TSCA). According to EPA, the complaint is the result of Wego’s “years-long” failure to report properly its import and domestic distribution of chemical substances. EPA states that since at least 2016, Wego imported “hundreds of millions of pounds of hundreds of...

As reported in our February 13, 2025, blog item, on January 17, 2025, the Biden U.S. Environmental Protection Agency (EPA) filed a notice of appeal in the U.S. Court of Appeals for the Ninth Circuit of the U.S. District Court for the Northern District of California’s 2024 decision finding that the Plaintiffs established by a preponderance of the evidence that the levels of fluoride typical in drinking water in the United States pose an unreasonable risk of injury to the health of the public....

On May 15, 2026, the California Department of Pesticide Regulation (CDPR) announced a proposed rulemaking to harmonize its regulation of pesticide-treated seeds with the U.S. Environmental Protection Agency’s (EPA) regulation of pesticide-treated seeds. The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) grants EPA discretion to exempt from its requirements any pesticide that is of a character that is not requiring regulation under FIFRA. EPA exempts treated articles, including but...

On May 18, 2026, the U.S. Environmental Protection Agency (EPA) announced two proposed rules. The first proposed rule would uphold the federal drinking water Maximum Contaminant Levels (MCL) for perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) while providing an option for drinking water systems to request two additional years to comply with the enforceable limits. The second proposed rule would rescind the regulatory determinations and regulations for perfluorohexane...