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On April 30, 2018, the U.S. District Court for D.C. issued a memorandum opinion that sets forth the reasons for its denial of defendant Monsanto Company’s (Monsanto) motion to dismiss in a case in which the plaintiffs allege that certain glyphosate label claims violate the District of Columbia Consumer Protection Procedures Act (DCCPPA) (Opinion).  The order denying Monsanto’s motion to dismiss was issued on March 31, 2018, but did not provide any substantive discussion as to why it was...

On April 23-24, 2018, the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety (BMU) held a NanoDialog to discuss “Nano-In-Vivo,” a long-term research project intended to close existing data gaps concerning the safety of nanomaterials.  BMU, the Federal Environment Agency (UBA), the Federal Institute for Occupational Safety and Health (BAuA), and BASF SE, with the participation of the Fraunhofer Institute for Toxicology and Experimental Medicine (ITEM)...

On May 7, 2018, the Office of Management and Budget’s (OMB) Office of Information and Regulatory Affairs (OIRA) received the U.S. Environmental Protection Agency’s (EPA) final rule entitled Mercury; Reporting Requirements for the TSCA Mercury Inventory.  The OIRA 2018 Spring Regulatory Agenda for this rulemaking, item RIN 2070-AK22, states that EPA’s rulemaking to implement new Toxic Substances Control Act (TSCA) Section 8(b)(10)(D) will promulgate reporting requirements...

On May 10, 2018, the U.S. Environmental Protection Agency (EPA) announced several upcoming actions on methylene chloride. Under the Frank R. Lautenberg Chemical Safety for the 21st Century Act, EPA is required to perform risk evaluations on the uses of ten specific chemicals, including methylene chloride. According to EPA, it is nearing completion of problem formulations for these first ten chemicals. EPA’s announcement states that it will send a final methylene chloride rule to the...

By Lynn L. Bergeson On May 8, 2018, President Trump met with a group of Republican Senators and told them that he is considering allowing exported ethanol to count toward the volumes mandated by the Renewable Fuel Standard (RFS).  During this meeting, Mr. Trump also reiterated support for expanding sales of E15, and withdrew his verbal proposal to cap the price of RINs, which had been widely criticized by the ethanol industry. These announcements came after increasing concern about the...

By Lynn L. Bergeson On May 3, 2018, the Advanced Biofuels Association (ABFA) announced that it had submitted a petition in the U.S. Court of Appeals for the D.C. Circuit to review EPA Administrator Scott Pruitt’s decision to provide waivers from RFS requirements. Michael McAdams, President of ABFA, stated:  “We have seen reports that the number of small refinery exemptions recently granted for compliance years 2016 and 2017 have doubled compared to previous years. ABFA...

By Lynn L. Bergeson On May 1, 2018, the U.S. Department of Energy’s (DOE) Vehicle Technologies Office (VTO) and Bioenergy Technologies Office (BETO) announced a joint multi-topic funding opportunity for $12 million as part of the Co-Optimization of Fuels and Engines (Co-Optima) initiative. This collaborative research and development effort supports the research of fuel and engine innovation that maximize vehicle performance and fuel efficiency, and is accelerating the introduction of...

By Lynn L. Bergeson On May 3, 2018, DOE’s BETO announced four funding opportunities totaling up to $78 million to support early-stage bioenergy research and development. The Funding Opportunity Announcements (FOA) include: BioEnergy Engineering for Products Synthesis (up to $28 million); Efficient Carbon Utilization in Algal Systems (up to $15 million); Process Development for Advanced Biofuels and Biopower (up to $20 million); and Affordable and Sustainable Energy Crops (up to $15...

By Lynn L. Bergeson On May 8, 2018, DOE’s BETO announced that it was sponsoring an Advanced Algal Systems Listening Session in Seattle, Washington on June 13, 2018, from 1:00 p.m. to 5:00 p.m. It is being held in conjunction with the 8th International Conference on Algal Biomass, Biofuels, and Bioproducts,   BETO states it is seeking feedback “from experts in algal biology, cultivation, and conversion on how to address early stage research and development barriers and...

By Lynn L. Bergeson On May 9, 2018, DOE announced up to $3 million in funding for advanced biofuels, bioenergy, and biobased products available through the Biomass Research and Development Initiative (BRDI). This funding will go to two selected projects, with $1 million going to The University of Tennessee to develop an integrated biorefinery design that combines the production of liquid fuels and renewable chemicals, and $2 million funding a Northwestern University project to develop a...