September 18, 2025

EPA Will Retain CERCLA Hazardous Substance Designation for PFOA, PFOS, Will Develop CERCLA Section 102(a) Framework Rule

The U.S. Environmental Protection Agency (EPA) announced on September 17, 2025, its next steps regarding regulatory efforts to address cleanup of perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS). On May 8, 2024, EPA designated PFOA, PFOS, and their salts and structural isomers as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Under the rule, entities are required to report immediately releases of PFOA and PFOS...
September 18, 2025

Proposed Cuts to Wind Energy Undermine Investment Certainty across Sectors

In recent weeks, the Trump Administration has taken a series of actions to curtail federal support for offshore wind development. The most visible step was the U.S. Department of Transportation’s cancellation of roughly $679 million in funding for 12 offshore wind projects across 11 states. In addition, the Administration halted construction of the nearly complete $4 billion Revolution Wind project serving Rhode Island and Connecticut, citing national security concerns. An earlier executive...
September 18, 2025

EUDR Issues — A Conversation with Claire Hansen

Download transcript. This week, I sat down with my colleague, L. Claire Hansen, a Legal Intern here at B&C and Regulatory Analyst for The Acta Group (Acta®), B&C’s consulting affiliate, to discuss the European Union Deforestation Regulation (EUDR). With its fast-approaching December 30, 2025, effective date, U.S. product exporters to the European Market whose goods contain seven commodities -- cocoa, coffee, cattle, palm oil, soy, wood, and rubber, and those products made from them...
September 16, 2025

New Mexico Will Hold Informational Webinar on Labeling Requirements for Products Containing PFAS

As reported in our April 11, 2025, memorandum, on April 8, 2025, New Mexico Governor Michelle Lujan Grisham (D) signed the Per- and Poly-Fluoroalkyl Substances (PFAS) Protection Act (HB 212), which will phase out intentionally added PFAS in certain consumer products before banning intentionally added PFAS in most products on January 1, 2032. The Act also requires manufacturers to report information about intentionally added PFAS by January 1, 2027. The Act states that the New Mexico...
September 15, 2025

Recent Federal Developments for September 2025

FIFRA Fundamentals, September 24-25, 2025, via webinar Bergeson & Campbell, P.C. (B&C®) and Chemical Watch are pleased to present FIFRA Fundamentals, a two-day course taught by professionals from B&C’s renowned Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) team. Lisa R. Burchi, Of Counsel; Heather F. Collins, M.S., Regulatory Consultant; Dana S. Lateulere, Regulatory Consultant; and Meibao Zhuang, Ph.D., Senior Scientist/Regulatory Consultant, will share legal,...
September 15, 2025

HHS Announces Release of MAHA Strategy

On September 9, 2025, the U.S. Department of Health and Human Services (HHS) announced the release of the Make Our Children Healthy Again Strategy (MAHA Strategy) issued by the Make America Healthy Again (MAHA) Commission. This Strategy was required to be submitted to the President by August 12, 2025, based on the findings of the Commission in its Making Our Children Healthy Again report (MAHA Assessment), which was released on May 22, 2025, and is discussed in our blog. In its press release...
September 15, 2025

Nominations of Peer Reviewers for EPA’s Risk Evaluation of D4 Are Due September 25, 2025

The U.S. Environmental Protection Agency (EPA) announced on September 10, 2025, that it is seeking nominations of scientific and technical experts to be considered as ad hoc reviewers assisting the Science Advisory Committee on Chemicals (SACC) with the peer review of the draft risk evaluation of octamethylcyclotetrasiloxane (D4) under the Toxic Substances Control Act (TSCA). EPA states that these nominations will help it select approximately seven to eight ad hoc reviewers to assist SACC with...
September 12, 2025

TSCA CBI Substantiations Will Begin to Expire in 2026

Under the 2016 Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg Act) amendments to the Toxic Substances Control Act (TSCA), most confidential business information (CBI) claims will expire after ten years unless reasserted and substantiated. This means that a CBI claim made in 2016 will expire in 2026 unless the claim is reasserted and resubstantiated before the end of the ten-year period. The U.S. Environmental Protection Agency (EPA) issued in June 2023 a final rule with...
September 12, 2025

ABA Section of Environment, Energy, and Resources 33rd Fall Conference, October 22-24, 2025, Arlington, VA

ABA's Section of Environment, Energy, and Resources 33rd Fall Conference will feature two full days of programming, where experienced leaders will share their insights and practical guidance on navigating the shifting tides in environmental, energy, and resources law and policy on the state, federal, and international levels. Lynn L. Bergeson will join the "Transactional Toolkit: How to Uncover Environmental Risks Through Due Diligence, Cover Them Through Insurance, and Talk About It at...
September 11, 2025

Responses to DOD Survey on Alternatives to TSCA High Priority Chemicals Due September 26, 2025

The U.S. Department of Defense’s (DOD) Office of the Assistant Secretary of Defense for Energy, Installations, and Environment is developing a proof of concept to conduct chemical alternatives assessments (AA) in collaboration with industry.  As a first step, DOD will conduct a pilot project to assess alternatives for a chemical of emerging concern to DOD and industry. According to DOD, a consortium of universities will assist DOD in the AA. To help with the chemical selection for the pilot...