All Knowledge & Insights By Date

The Internal Revenue Service (IRS) issued guidance on September 8, 2026, on the Section 45Z Clean Fuels Production Tax Credit “to empower America’s crop and livestock farmers, ranchers, and fuel producers across the country and help them access the growing domestic biofuels market in a way that makes the Clean Fuels Production Credit work for them.” Notice 2026-53 provides the 2026 emissions rate table used to calculate the clean fuel production credit and provides additional guidance,...

Beginning July 1, 2026, Connecticut prohibits the manufacture, sale, and distribution of certain consumer products that contain intentionally added per- and polyfluoroalkyl substances (PFAS) unless the manufacturer provides prior notification to the Connecticut Department of Energy and Environmental Protection (DEEP) and labels the specified products. The notification and labeling requirements apply only to apparel; carpets or rugs; cleaning products; cookware; cosmetic products; dental floss;...

On September 21, 2026, comments by Lynn L. Bergeson and Carla N. Hutton from the podcast recording "State PFAS Requirements — A Conversation with Carla N. Hutton" were featured in Inside PFAS Policy's article regarding growing regulations on per- and polyfluoroalkyl substances (PFAS). Companies that sell into states like Minnesota, Maine and New Mexico are either currently facing or will soon face state requirements to publicly report information about their PFAS uses in products, which...

On September 15, 2026, the U.S. Environmental Protection Agency’s (EPA) Office of Inspector General (OIG) published its Oversight Plan for Fiscal Year 2027. According to OIG, its Office of Special Review and Evaluation (OSRE) reviews, evaluates, and inspects EPA and U.S. Chemical Safety and Hazard Investigation Board (CSB) programs and operations to determine how effectively they operate and whether they comply with legal, regulatory, and agency requirements. In fiscal year (FY) 2027, OSRE...

On August 27, 2026, Representatives Bob Latta (R-OH) and Debbie Dingell (D-MI) introduced the Biomanufacturing Excellence, Domestic Resilience, Output, and Competitive Know-how (BEDROCK) Act. According to Latta’s August 27, 2026, press release, the legislation “would help turn products invented in America into products made in America -- supporting American manufacturing jobs, strengthening American supply chains, and reducing American dependence on Communist China.” The press release...

On September 15, 2026, the U.S. Court of Appeals for the Fifth Circuit granted Industry Petitioners’ petition for review of the U.S. Environmental Protection Agency’s (EPA) 2024 risk management rule for methylene chloride (MC). East Fork Enterprises v. EPA (No. 24-60227, consolidated with No. 24-60256). The court states that “[f]inding that errors of law occurred and substantial evidence did not support EPA’s decision,” it grants the Industry Petitioners’ petition for review, vacates...

This memorandum is the first in a two-part series providing an overview of the consortia that are managed by B&C® Consortia Management, L.L.C. (BCCM). Many are aware of Bergeson & Campbell, P.C.’s (B&C®), The Acta Group’s (Acta®), and BCCM’s deep expertise and extensive practice on matters related to the Toxic Substances Control Act (TSCA) and support for consortia clients working on issues related to TSCA. Importantly also, BCCM has extensive experience in other chemical...

The bipartisan 2016 Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg) Amendments enacted extensive changes to the 1976 Toxic Substances Control Act (TSCA) that many hoped would set the law on a new course, address its widely recognized challenges, and accelerate U.S. Environmental Protection Agency (EPA) actions to address public health threats. Since then, four administrations have put their mark on implementation of the amended law. The past ten years have seemed like a...

As reported in our July 8, 2026, memorandum, on July 1, 2026, a coalition of industry associations filed suit in the U.S. District Court for the District of New Mexico, challenging New Mexico’s May 5, 2026, final rule on per- and polyfluoroalkyl substances (PFAS) in consumer products. American Chemistry Council (ACC) v. Kenney (Case No. 1:26-cv-02130). The coalition argues that the final rule is unconstitutional and that its enforcement should be permanently enjoined. On September 16, 2026,...

On August 27, 2026, Judge Michael H. Simon issued a Findings of Fact and Conclusions of Law in the case of National Association of Wholesaler-Distributors v. Feldon, finding that Oregon's Plastic Pollution and Recycling Modernization Act (RMA) does not violate the Dormant Commerce Clause or the Due Process Clause. Following a five-day bench trial before the U.S. District Court for the District of Oregon in July 2026, Plaintiff National Association of Wholesaler-Distributors (NAW) and Defendant...