All Knowledge & Insights By Date

In February 2026, the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) published several petitions seeking a determination of nonregulated status for products developed using genetic engineering. Each petition states that the information provided indicates that the product is unlikely to pose a plant pest risk and therefore should not be regulated. In each case, APHIS prepared a draft plant pest risk assessment (PPRA) to assess the plant pest risk of...

On March 4, 2026, the Senate Committee on Environment and Public Works (EPW) will hold a hearing on a discussion draft of S.__, the Toxic Substances Control Act Fee Reauthorization and Improvement Act of 2026. Witnesses will include: Richard E. Engler, Ph.D., Director of Chemistry, Bergeson & Campbell, P.C.; David Isaacs, Vice President, Government Affairs, Semiconductor Industry Association; and Michal Freedhoff, Ph.D., Senior Policy Advisor, Holland & Knight. As reported in our January...

This week, I was pleased to welcome back to the studio Jim Aidala, Senior Government Affairs Consultant at B&C and its consulting affiliate, The Acta Group (Acta®) and Claire Hansen, an Associate with B&C and Regulatory Analyst with Acta, to discuss the ever-changing influence of foreign policy on the chemical industry. As we all know, there is a lot going on in the world and much of it may seem somewhat tangential to the chemical industry. On closer inspection, Claire and...

Before the New Mexico Environmental Improvement Board (NMEIB) began its hearing on February 23, 2026, on the New Mexico Environment Department’s (NMED) proposed rule to implement the Per- and Polyfluoroalkyl Substances (PFAS) Protection Act, NMED posted clean and redline versions of a “Rebuttal Proposed New Rule.” As reported in our January 23, 2026, blog item, NMED posted a revised proposed rule in January 2026. The February 2026 revisions state that the label shall include the symbol of...

Bergeson & Campbell, P.C. (B&C®) is pleased to announce that Managing Partner Lynn L. Bergeson and Senior Regulatory Analyst Carla N. Hutton have been recognized in the 2026 JD Supra Readers Choice Awards as top authors in the Environment section. This is Ms. Bergeson’s ninth Readers Choice award, which recognizes the most-read and -shared articles posted on JD Supra, a legal news service, and Ms. Hutton’s second award. B&C’s monthly “Wrap-Up of Federal and State Chemical...

On February 18, 2026, the New Mexico legislature passed House Joint Memorial 3, requesting that the New Mexico Environmental Improvement Board (NMEIB) and the New Mexico Environment Department (NMED) provide a report on the implementation of the 2025 Per- and Polyfluoroalkyl Substances (PFAS) Protection Act and recommendations to improve consumer protections from PFAS. Passed less than a week before NMEIB’s February 23, 2026, hearing on NMED’s proposed rule implementing the Act, House Joint...

Recent headlines have declared that the Olympics have “banned PFAS,” with athletes reportedly disqualified after testing revealed the presence of so-called “forever chemicals” on their equipment. The reality is more nuanced, and that nuance matters. The policy at issue does not originate with the International Olympic Committee (IOC), but with the International Ski Federation (FIS), which governs ski and snowboard competitions under its International Competition Rules (ICR). FIS has...

Safer States released on February 18, 2026, its 2026 Analysis of State Policy Addressing Toxic Chemicals and Plastics. According to Safer States, in 2026, at least 15 major state laws and regulations are taking effect, while 33 states are expected to consider at least 275 policies addressing toxic chemicals and plastics. The 15 laws and regulations taking effect this year include broad restrictions on per- and polyfluoroalkyl substances (PFAS) in consumer products, “first-in-the-nation bans on...

The Department of the Treasury (Treasury Department) and the Internal Revenue Service (IRS) issued a proposed rule on February 4, 2026, regarding the clean fuel production credit enacted by the Inflation Reduction Act of 2022 and amended by the One, Big, Beautiful Bill Act (OBBBA). 91 Fed. Reg. 5160. The proposed regulations would provide rules for determining clean fuel production credits, including credit eligibility rules, emissions rates, and certification and registration requirements. In...