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On September 23, 2025, the U.S. Environmental Protection Agency (EPA) proposed highly anticipated amendments to the procedural framework rule for conducting existing chemical risk evaluations under the Toxic Substances Control Act (TSCA). 90 Fed. Reg. 45690. When conducting an existing chemical risk evaluation under TSCA, EPA must determine whether a chemical substance presents an unreasonable risk of injury to health or the environment, without considering costs or nonrisk factors, including...

On September 23, 2025, comments by Lynn L. Bergeson and Richard E. Engler, Ph.D. were featured in Chemical Watch’s article regarding the U.S. Environmental Protection Agency's (EPA) prioritization of Toxic Substances Control Act (TSCA) pre-market reviews for new chemicals intended for use in data centre projects. Lynn Bergeson, managing partner at law firm Bergeson & Campbell, said the EPA’s latest initiative "looks promising".  Meeting the criteria for what constitutes a...

The Particles Platform, an informal alliance of European Union (EU) industry associations representing manufacturers of materials in the form of particles, including poorly soluble low toxicity particles (PSLT), will hold a workshop on October 2, 2025. The workshop intends to advance regulatory science on particles through new evidence on inhalation toxicity. It will explore the regulatory landscape for particles and provide attendees an opportunity to: Access the latest research on particle...

The U.S. Environmental Protection Agency (EPA) announced on September 18, 2025, that it will prioritize the review of submissions for new chemicals that are intended for use in data center projects or in the manufacturing of covered components, in each case, which pertain to a data center project that is a qualifying project, as defined by Executive Order (EO) 14318, “Accelerating Federal Permitting of Data Center Infrastructure.” EPA states that new chemical manufacturers may also seek to...

On September 19, 2025, comments by Catherina D. Narigon, Associate with B&C, were featured in Inside EPA's article regarding perfluoroalkyl and polyfluoroalkyl substances (PFAS) reporting waivers. Catherina Narigon, an associate with industry law firm Bergeson & Campbell, believes EPA will still impose some reporting requirements that industry may find burdensome. “My gut feeling is EPA will come out with revisions that are more conservative than what businesses may want,” Narigon...

This year has seen a significant increase in legislative, regulatory and policy initiatives involving microplastics. This momentum suggests more regulatory activity moving forward for quite some time, although in ways that are not always clear or predictable. 

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...

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...

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 31, 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...

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...