July 8, 2024

CISA Will Host 2024 Chemical Security Seminars on July 11 and 18, 2024

The U.S. Department of Homeland Security’s (DHS) Cybersecurity and Infrastructure Security Agency (CISA) is hosting the fully virtual 2024 Chemical Security Seminars on July 11 and 18, 2024, from 10:00 a.m. - 3:00 p.m. (EDT). The sessions will cover a range of topics related to the security of dangerous chemicals. The preliminary agenda includes: State of Chemical Security (Kelly Murray, Associate Director, CISA Chemical Security); Transnational Threats Impacting Chemical Security (Robert...
July 8, 2024

Lynn L. Bergeson, “What is False and Misleading is Anyone’s Guess,” American College of Environmental Lawyers (ACOEL) Blog, July 8, 2024.

A federal district court recently issued an Order to enjoin enforcement of California’s Proposition 65 warnings related to titanium dioxide in cosmetics and personal care products. This is the third case successfully challenging Prop 65 warnings on First Amendment grounds, with previous cases involving glyphosate and acrylamide, as discussed in our FIFRA blog. These are important cases with implications for companies facing Prop 65 warnings for other substances where the underlying...
July 5, 2024

EPA Postpones Proposed Expansion of the Safer Choice and Design for the Environment Programs

As reported in our July 27, 2023, memorandum, in July 2023, the U.S. Environmental Protection Agency (EPA) proposed an expansion of the Safer Choice and Design for the Environment (DfE) programs to include certification of additional product categories. According to EPA’s website, “EPA thanks the many commenters for their input. EPA reviewed the comments and understands several categories are of interest to stakeholders and Safer Choice partners. With the 2024 decrease in EPA’s funding,...
July 5, 2024

USDA Publishes RFI on the Production of Biofuel Feedstocks Using Climate-Smart Practices

The U.S. Department of Agriculture (USDA) seeks public input on procedures for the quantification, reporting, and verification of the effect of climate-smart farming practices on the greenhouse gas (GHG) net emissions estimates associated with the production of domestic (i.e., grown in the United States) agricultural commodities used as biofuel feedstocks. 89 Fed. Reg. 53585. According to USDA’ s June 27, 2024, notice, agricultural management practices that mitigate GHG emissions and/or...
July 5, 2024

NIOSH Highlights NTRC’s Work on Engineering Controls and PPE

On July 1, 2024, the National Institute for Occupational Safety and Health (NIOSH) posted a NIOSH Science Blog item entitled “Celebrating 20 Years of the Nanotechnology Research Center: Highlights from Engineering Controls and Personal Protective Equipment,” part of a series commemorating the 20th anniversary of the Nanotechnology Research Center (NTRC). The item notes that NIOSH researchers “have conducted laboratory and field research to develop and implement science-based national...
July 5, 2024

Proposition 65: OEHHA Proposes Additional Changes to “Short-Form” Warning Option

On June 14, 2024, the California Office of Environmental Health Hazard Assessment (OEHHA) issued a notice proposing additional changes to its Proposition 65 (Prop 65) Article 6 “clear and reasonable warnings” regulations for “short-form” warnings (Notice). The changes proposed now are to the proposed regulations that OEHHA issued on October 27, 2023. The history of these amendments, dating back to January 2021, are set forth in our memorandum available here. Written comments on the...
July 3, 2024

NNI and NNCO Will Hold July 24 Workshop on “Responsible Development, Social Science, and the National Nanotechnology Initiative”

The National Nanotechnology Initiative (NNI) and the National Nanotechnology Coordination Office (NNCO) are convening a July 24, 2024, workshop, “Responsible Development, Social Science, and the National Nanotechnology Initiative: A Workshop to Explore Past and Future Intersections.” According to NNI, the workshop will bring together federal experts in nanotechnology with social scientists with expertise on specific tools and frameworks relevant to the responsible development of emerging...
July 3, 2024

Lynn L. Bergeson Quoted in Chemical Watch Article “US Supreme Court curtails regulatory powers of agencies like the EPA”

On July 3, 2024, comments by Lynn L. Bergeson were featured in Chemical Watch's article on the US Supreme Court's decision to overturn a 40-year-old legal precedent that directed courts to defer to reasonable agency interpretations of the law, throwing into question the authority of agencies like the EPA to craft and defend certain regulations. "This may be a case of be careful what you wish for," said Lynn Bergeson, managing partner at Bergeson & Campbell. "Chemical laws like TSCA are...
July 2, 2024

EPA Announces Final Cancellation Order and Updates to Existing Stocks Provisions for Several Chlorpyrifos Products

On June 25, 2024, the U.S. Environmental Protection Agency (EPA) announced the issuance of a final cancellation order for Corteva’s chlorpyrifos product “Dursban 50W in Water Soluble Packets” and three Gharda chlorpyrifos products, and an amendment to the existing stocks provisions for two Liberty and three Winfield chlorpyrifos end-use products. EPA also states that it has updated its frequently asked questions about chlorpyrifos. In a final rule issued in August 2021, EPA revoked all...
June 28, 2024

Biden-Harris Administration Announces Actions to Accelerate U.S. Domestic Biomanufacturing Capacity

The White House Office of Science and Technology Policy (OSTP) published a fact sheet on June 25, 2024, on the Biden-⁠Harris Administration’s actions to advance American biotechnology and biomanufacturing. According to the fact sheet, on June 25, 2024, the White House, members of the National Bioeconomy Board, and the U.S. Departments of Energy (DOE), Defense (DOD), and Agriculture (USDA) convened major biotechnology and biomanufacturing companies, nonprofits, and other stakeholders to...