All Knowledge & Insights By Date

The Environmental Defense Fund (EDF) published a blog item on February 22, 2024, announcing its Chemical Exposure Action Map, a tool “designed to spur the Environmental Protection Agency (EPA) to transform the assessment of risks posed by toxic chemicals in our communities.” EDF states that the map focuses on multiple high-priority chemicals, highlighting the potential for cumulative risks. EDF notes that when conducting risk assessments under the Toxic Substances Control Act (TSCA), EPA...

Beginning January 1, 2030, any product containing intentionally added per- and polyfluoroalkyl substances (PFAS) may not be sold in Maine unless the use of PFAS in the product is specifically designated as a currently unavoidable use (CUU) by the Maine Department of Environmental Protection (MDEP). MDEP is currently accepting requests for proposals from those seeking CUU determinations. Manufacturers may submit proposals individually or collectively. MDEP notes that these determinations will be...

On February 14, 2024, the U.S. Environmental Protection Agency (EPA) issued an Existing Stocks Order for Dicamba Products Previously Registered for Over-the-Top Use on Dicamba-Tolerant Cotton and Soybean (Existing Stocks Order). This announcement was needed in response to the February 6, 2024, ruling by the U.S. District Court of Arizona vacating the 2020 registrations for over-the-top (OTT) dicamba products. EPA states this Existing Stocks Order “addresses use of the formerly-registered...

Download transcript. This week I had the distinct pleasure of visiting with former Chief Justice of the Delaware Supreme Court, the Honorable Leo E. Strine, Jr., Of Counsel, at Wachtell, Lipton, Rosen & Katz. Judge Strine and I discuss the intense focus on environmental, social, and governance (ESG) standards and the pressures on corporate directors and managers occasioned by the Caremark decision and its progeny, among other developments. These initiatives have particular relevance to...

The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Energy (DOE) announced on February 22, 2024, the release of a Funding Opportunity Announcement (FOA), “Inflation Reduction Act Funding for Advanced Biofuels,” for up to $9.4 million for the development of advanced biofuels. According to EPA, the funding will support “high-impact biofuel technology projects to improve the performance and reduce the cost of biofuel production technologies, scale up production systems...

The Internal Revenue Service (IRS) announced on February 22, 2024, that it received petitions requesting that caprolactam (89 Fed. Reg. 13400) and nylon 6 (89 Fed. Reg. 13399) be added to the list of taxable substances under Section 4672(a) of the Internal Revenue Code. AdvanSix Inc., an exporter of caprolactam and nylon 6, filed the petitions. The notice for caprolactam states: According to the petition, caprolactam, a white solid, is primarily used to manufacture nylon...

On February 7, 2024, U.S. Environmental Protection Agency (EPA) Assistant Administrator Michal Freedhoff announced the steps EPA is taking to incorporate stakeholder feedback and collaborate with other federal agencies on its requirement to comply with the Endangered Species Act (ESA).  Under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as part of the registration process, EPA must comply with ESA to ensure pesticides do not harm endangered species or their critical...

On February 21, 2024, comments by Lynn L. Bergeson and Richard E. Engler, Ph.D. were featured in Chemical Watch’s article on a recently published update to the Toxic Substances Control Act (TSCA) fees rule. Richard Engler, director of chemistry with law firm Bergeson & Campbell, said he expects a surge, but is uncertain if there will be an overall increase in submissions or just an accelerated timeline for companies looking to get their notices in before the fee increase. The former...

The U.S. Environmental Protection Agency (EPA) announced on February 20, 2024, that it has released the latest Toxic Substances Control Act (TSCA) Inventory. According to EPA, “[t]his biannual update to the public TSCA Inventory is part of EPA’s regular posting of non-confidential TSCA Inventory data.” EPA plans the next regular update of the Inventory for summer 2024. EPA states that the TSCA Inventory contains 86,741 chemicals of which 42,293 are active in U.S commerce. EPA...