The American Bar Association (ABA) Section of Environment, Energy, and Resources’ (SEER) Pesticides and Chemicals Committee’s presents “Careers in Chemicals,” a webinar on October 20, 2023, at 12:00 p.m. (EDT). This event will feature a panel of experienced attorneys who will discuss their legal careers, why they focus their practice on chemical regulatory/litigation issues (such as the Toxic Substances Control Act (TSCA), the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA),...
October 13, 2023
Uhlmann Confirms EPA Will Not Pursue PFAS Enforcement Actions against Farmers, Public Airports, and Municipal Wastewater Facilities
The American Bar Association (ABA) Section of Environment, Energy, and Resources (SEER) is holding its 31st fall conference October 11-13, 2023, in Washington, D.C. On October 12, 2023, in his remarks at the conference, David Uhlmann, Assistant Administrator for the U.S. Environmental Protection Agency’s (EPA) Office of Enforcement and Compliance Assurance (OECA), stated that EPA will not pursue per- and polyfluoroalkyl substances (PFAS) enforcement actions against farmers who used biosolids,...
On October 6, 2023, the White House Office of Science and Technology Policy (OSTP) posted a readout of the first-of-its-kind Nanotechnology Infrastructure Leaders Summit, held at the White House’s Eisenhower Executive Office Building on September 11, 2023. According to OSTP, the meeting included the leadership of 35 different user facilities, open research laboratories, and innovation institutes that “share the mission of facilitating access to cutting-edge tools and expertise that are...
October 12, 2023
ACC Submits Notice of Intent to File Suit for EPA to Complete Manufacturer-Requested Risk Evaluations for DINP and DIDP
The American Chemistry Council (ACC) announced on September 20, 2023, that together with the Texas Chemical Council, it submitted a 60-day notice of intent to file suit for the U.S. Environmental Protection Agency’s (EPA) failure to complete manufacturer-requested risk evaluations (MRRE) for diisononyl phthalate (DINP) and diisodecyl phthalate (DIDP) under the Toxic Substances Control Act (TSCA). ACC states that EPA failed to complete the MRREs by TSCA’s mandatory deadline of three years and...
October 12, 2023
Comments Due October 13, 2023, on EPA’s Proposal to Register Novel Pesticide Technology for Potato Crops
The U.S. Environmental Protection Agency (EPA) announced on September 29, 2023, that it is proposing to register pesticide products containing the new active ingredient ledprona for three years, a timeframe consistent with EPA’s approach to other novel pesticide products. EPA states that ledprona “is a new type of pesticide that relies on a natural mechanism -- called RNA interference (RNAi) -- used by plants and insects to protect against disease.” The proposed biopesticide involves a...
October 12, 2023
FDA Seeks Comment on Cosmetics Direct and Forms Regarding Registration of Cosmetic Product Facility and Cosmetic Product Listing
On September 15, 2023, the U.S. Food and Drug Administration (FDA) announced that it is seeking comment on its newly developed draft electronic submission portal (Cosmetics Direct) and paper forms (Forms FDA 5066 and 5067). The submission portal and paper forms are part of FDA’s implementation of the new registration and listing requirements mandated by the Modernization of Cosmetics Regulation Act of 2022 (MoCRA). FDA has provided screenshots of the draft electronic system, draft Form FDA...
October 11, 2023
EC Recommends Carrying Out Risk Assessment on Biotechnologies
The European Commission (EC) announced on October 3, 2023, that it adopted a Recommendation on critical technology areas for the European Union’s (EU) economic security, for further risk assessment with EU member states. According to the EC, the Recommendation relates to the assessment of technology risk and technology leakage. The EC states that the risk assessment “will be objective in character, and neither its results nor any follow-up measures can be anticipated at this stage.” In the...
October 11, 2023
Lynn L. Bergeson Quoted in Bloomberg Law Article “EPA’s Final PFAS Data Rule Seen as Ripe for Industry Challenges”
On October 10, 2023, comments by Lynn L. Bergeson were featured in Bloomberg Law's article on the U.S. Environmental Protection Agency's (EPA) decision to require companies to report extensive information about per- and polyfluoroalkyl substances (PFAS) in their merchandise. Not every attorney thinks the rule could be legally vulnerable.The regulatory burden, especially on small business entities, is high, and the scope of the reporting obligation is “insanely broad,” said Lynn L. Bergeson,...
October 11, 2023
California Governor Vetoes Bill Banning PFAS from Cleaning Products, Floor Sealers, and Floor Finishes
On October 8, 2023, California Governor Gavin Newsom (D) announced that he vetoed a number of bills, including AB 727, which would prohibit, by 2026, the manufacture, distribution, or sale of cleaning products that contain intentionally added per- or polyfluoroalkyl substances (PFAS), and would apply this ban, by 2028, to floor sealer or floor finish products. Newsom’s veto message notes that the bill is one of three single-product chemical bans passed by the legislature to address the...