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The U.S. Department of Energy’s (DOE) Bioenergy Technologies Office (BETO) announced on July 18, 2024, that it selected 13 small businesses to develop innovative biobased products and biomass processing technologies. The companies, located across ten states, have been selected to receive up to $206,500 each for this Phase I Small Business Innovative Research (SBIR) award. According to BETO, of the 13 awards, six are first-time awardees, four are located in Historically Underutilized Business...

On July 15, 2024, the U.S. Environmental Protection Agency announced it is updating its process when it assesses the potential for exposure to pesticide drift when it reviews new active ingredient pesticide registrations or makes decisions on new use directions for existing pesticide registrations. EPA states it will review potential exposure to drift earlier in the review process. Historically, EPA has only conducted a chemical-specific assessment of the potential for people to be exposed to...

The Senate Committee on Environment and Public Works will hold a hearing on July 31, 2024, on “Understanding the Potential Environmental Impacts of the Chemical 6PPD.” The scheduled witnesses include: As reported in our November 3, 2023, blog item, on November 2, 2023, the U.S. Environmental Protection Agency (EPA) granted a petition filed under Section 21 of the Toxic Substances Control Act (TSCA) to address the use of N-(1,3-Dimethylbutyl)-N′-phenyl-p-phenylenediamine (6PPD) in tires....

The standard of judicial review for most critical TSCA determinations under section 19 is “substantial evidence in the record taken as a whole”. This is a tough standard, considerably more rigorous than the Administrative Procedure Act (APA) standard under section 706, where agency action will be set aside if it is “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” The recent Loper...

The Agriculture and Food Section (AFS) is pleased to be leading two sessions at IBA 2024, the International Bar Association’s (IBA) annual conference in Mexico City, September 15-20, 2024. Both sessions will further AFS’s mission to focus on the complex law and policy issues invited by the imperative to feed the planet, to do so equitably, and to do so effectively in a time of climate change and during/post a global pandemic. Disruptive technologies in...

The U.S. Department of Energy’s (DOE) Bioenergy Technologies Office’s (BETO’s) Feedstock-Conversion Interface Consortium (FCIC) intends to issue in September 2024 an Industrial Partnership Call (IPC) to allow collaboration between industry stakeholders and FCIC researchers. According to BETO, research areas may include biomass supply, handling, transport, storage, preprocessing, and initial chemical conversion. To maximize the likelihood of near-term impact for industrial partners, BETO...

On July 2, 2024, the California Department of Pesticide Regulation (DPR) announced the release of modifications to its proposed pesticide application notification regulation. DPR states this regulation will support the statewide implementation of what it describes to be a “first-of-its-kind” system that would provide information to the public in advance regarding the planned applications of “restricted material pesticides” used in agriculture. DPR initially proposed the regulation on...

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...