May 13, 2025

PFAS – What to Know Now, and What to Expect

Perfluoroalkyl and polyfluoroalkyl substances (PFAS) are attracting global legal, regulatory, commercial, and litigation attention as no other “emerging contaminant” has. Companies producing, processing, distributing, and/or using these substances must be aware of global legal and scientific developments and take steps now to minimize legal, regulatory, and commercial risk. Bergeson & Campbell, P.C. (B&C®) and its global consulting affiliate The Acta Group (Acta®) have prepared...
July 11, 2025

White House OSTP Issues Agency Guidance for Gold Standard Science 

On June 23, 2025, the White House Office of Science and Technology Policy (OSTP) announced that it issued agency guidance for implementing Gold Standard Science in the conduct and management of scientific activities. As reported in our June 5, 2025, memorandum, on May 27, 2025, President Trump signed an Executive Order (EO) on “Restoring Gold Standard Science.” The EO restores the scientific integrity policies of the first Trump Administration and “ensures that agencies practice data...
July 11, 2025

EPA Appoints Former ASA Government Affairs Director as OCSPP DAA for Pesticides

Mr. Kyle Kunkler has been appointed the Deputy Assistant Administrator for Pesticides at the U.S. Environmental Protection Agency (EPA) Office of Chemical Safety and Pollution Prevention (OCSPP). Since February 2020, Kunkler has been directing government affairs for the American Soybean Association (ASA) in Washington, D.C., with a focus on the biotech and crop protection portfolio. Kunkler, before joining ASA, spent three years with the Biotechnology Innovation Organization (BIO), managing...
July 11, 2025

EPA Withdraws Proposed SNURs for 18 Chemicals Made from Plastic Waste-Based Feedstocks 

On July 9, 2025, the U.S. Environmental Protection Agency (EPA) withdrew proposed significant new use rules (SNUR) under the Toxic Substances Control Act (TSCA) for 18 chemical substances that were the subject of premanufacture notices (PMN) and a subsequent TSCA Order. 90 Fed. Reg. 30216. EPA states that it is withdrawing the proposed SNURs because it withdrew the 2022 TSCA Order that was the basis of the rules on December 18, 2024. As reported in our April 17, 2023, blog item, in April 2023,...
July 10, 2025

OECD Publishes Case Study on 2D Titanium Carbide MXenes 

On June 30, 2025, the Organisation for Economic Co-operation and Development (OECD) published a report entitled 2D Titanium Carbide MXenes: Case Study Report on Advanced Materials. Within OECD’s Working Party on Manufactured Nanomaterials (WPMN), the Steering Group on Advanced Materials conducted a case study on the potential issues of 2D titanium carbide MXenes. The report describes MXenes as “a group of [two-dimensional (2D)] advanced materials composed of transition metal carbides or...
July 10, 2025

EPA Withdraws Motion to Hold Asbestos Case in Abeyance, Will Explore Using Guidance to Clarify Workplace Protection Requirements 

As reported in our June 28, 2025, blog item, on June 16, 2025, the U.S. Environmental Protection Agency (EPA) filed a motion with the U.S. Court of Appeals for the Fifth Circuit requesting that litigation over its 2024 final risk management rule regulating chrysotile asbestos under the Toxic Substances Control Act (TSCA) be held in abeyance for an additional six months. Texas Chemistry Council, et al. v. EPA, No. 24-60193. According to the filing, EPA intended to initiate a new...
July 10, 2025

Loper Bright and the End of Chevron Deference? — A Conversation with Kelly N. Garson

This week, I discuss with my colleague, Kelly N. Garson, a Senior Associate here at B&C and Regulatory Consultant for The Acta Group (Acta®), B&C’s consulting affiliate, the implications of the demise of Chevron deference, especially as it relates to Toxic Substances Control Act (TSCA) litigation. We discuss what Chevron deference is, other types of deference that are still very much a part of judicial review, and how Chevron’s elimination could impact the implementation of the...
July 9, 2025

EPA Extends Postponement of Effective Date of Certain Provisions of TCE Risk Management Rule 

On June 23, 2025, the U.S. Environmental Protection Agency (EPA) extended the postponement of the effective date of certain regulatory provisions of its December 17, 2024, final risk management rule for trichloroethylene (TCE) until August 19, 2025. 90 Fed. Reg. 26453. As reported in our April 15, 2025, blog item, after EPA issued the final rule in December 2024, it received multiple petitions for an administrative stay of the effective date. EPA denied the requests, and the companies submitted...
July 8, 2025

FDA Begins Public Comment Period on Method for Ranking Chemicals in Food for Post-Market Assessments 

The U.S. Food and Drug Administration (FDA) announced on June 18, 2025, the release of its proposed method for ranking chemicals in the food supply. According to the document, the systematic post-market assessment of food chemicals consists of the following steps: signal detection, triage, prioritization, scoping, scientific assessment (safety, risk, and/or hazard), risk management review, and risk management action. FDA states that it will publish a full description of the process later in 2025...
July 8, 2025

TSCA Reform — Nine Years Later: B&C, ELI, and GWU Conclude Another Amazing Conference 

On June 25, 2025, 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 -- Nine Years Later.” This virtual conference marked the ninth 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...
July 8, 2025

APHIS Seeks Comment on Draft Environmental Documents for Deregulation of American Chestnut Developed Using Genetic Engineering 

On June 6, 2025, the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) announced that it has prepared a revised draft environmental impact statement (EIS) and revised draft plant pest risk assessment (PPRA) evaluating the potential environmental impacts and plant pest risk that may result from the approval of a petition for nonregulated status for blight-tolerant American chestnut (Castanea dentata) from the State University of New York College of...