Recent Federal Developments for October 2026
“EU and UK REACH Developments and Compliance Priorities,” November 3, 2026, 11:00 a.m. – 12:00 p.m. (EST), Via Webinar
Bergeson & Campbell, P.C. (B&C®) affiliate The Acta Group (Acta®) is pleased to present “EU and UK REACH Developments and Compliance Priorities,” a complimentary webinar examining recent developments under European Union (EU) Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) and United Kingdom (UK) REACH and their practical implications for companies operating in European markets. Christine M. Palermo, Ph.D., DABT, Director of Regulatory Sciences, Acta; Emma Louise Jackson, Manager, UK REACH, Acta; Max L. Moseley, MSc, Regulatory Scientist, Acta; and Lynn L. Bergeson, President, Acta, will present. Register now.
On-Demand Webinar: “Plastics and Policy: Microplastics, EPR, and Other Emerging Trends”
B&C is pleased to share an on-demand recording of “Plastics and Policy: Microplastics, EPR, and Other Emerging Trends,” a complimentary webinar presented by Lynn L. Bergeson, Managing Partner, B&C; Lindsay A. Holden, Ph.D., DABT, Senior Toxicologist/Regulatory Scientist, B&C, and B&C Associates L. Claire Hansen and Catherina D. Narigon. During this webinar, speakers covered how emerging microplastics, extended producer responsibility (EPR), and recycling laws, such as California’s “Truth in Recycling” law and the EU Packaging and Packaging Waste Regulation (PPWR), affect plastic products and packaging stakeholders, how recent initiatives and legal challenges may affect the commercial landscape, and what stakeholders can do now to minimize legal, regulatory, and commercial risk. Speakers also provided a comparison of U.S. plastics and microplastics regulation with the EU regulatory framework. Watch now.
TSCA/FIFRA/TRI
Appellate Court Grants Industry Petitioners’ Petition For Review And Vacates Methylene Chloride Rule And Risk Determination
On September 15, 2026, the U.S. Court of Appeals for the Fifth Circuit granted Industry Petitioners’ petition for review of the U.S. Environmental Protection Agency’s (EPA) 2024 risk management rule for methylene chloride (MC). East Fork Enterprises v. EPA (No. 24-60227, consolidated with No. 24-60256). The court states that “[f]inding that errors of law occurred and substantial evidence did not support EPA’s decision,” it grants the Industry Petitioners’ petition for review, vacates EPA’s 2024 rule and associated risk determination, denies the Sierra Club’s petition for review, and remands to EPA for proceedings consistent with its opinion.
It is difficult to overstate the enormous significance of the Fifth Circuit’s opinion — a decision that we view at B&C as the most influential Toxic Substances Control Act (TSCA) precedent since the Corrosion Proof Fittings case. TSCA stakeholders have been anxiously awaiting word in the MC litigation for well over a year now, and there was a general expectation that the ruling would likely be adverse to EPA’s positions in some way. The ripple effects are likely to manifest far beyond the now-vacated MC risk evaluation and risk management rule. For a summary of the topics addressed in the opinion and our commentary regarding the impact of the opinion, please read our September 21, 2026, memorandum.
EPA OIG’s Oversight Plan For FY 2027 Includes Evaluation Of TSCA Priority Testing List
On September 15, 2026, EPA’s Office of Inspector General (OIG) published its Oversight Plan for Fiscal Year 2027. According to OIG, its Office of Special Review and Evaluation (OSRE) reviews, evaluates, and inspects EPA and U.S. Chemical Safety and Hazard Investigation Board (CSB) programs and operations to determine how effectively they operate and whether they comply with legal, regulatory, and agency requirements. In fiscal year (FY) 2027, OSRE will focus on certain key themes and risk areas to support EPA’s mission to protect human health and the environment, including EPA’s mission effectiveness and service delivery following organizational or legislative changes. OIG states that OSRE may review the status of strategic research plans after most staff from EPA’s Office of Research and Development (ORD) moved to other program offices and the newly established Office of Applied Science and Environmental Solutions. OIG notes that “[s]ome staff moved to the Office of Chemical Safety and Pollution Prevention to assist with backlogged chemical assessments stemming from legislative change.” Enacted in 2016, the Frank R. Lautenberg Chemical Safety for the 21st Century Act amended TSCA and expanded EPA’s regulatory authority to include existing chemicals in addition to new chemicals. According to OIG, OSRE will complete work on the extent to which the TSCA Interagency Testing Committee (ITC) updates its Priority Testing List and addresses chemicals on the updated list. Additionally, OSRE will continue its focus on scientific integrity and may also review the efficiency and speed of EPA’s contracting process.
EPA Launches New E-mail Subscription Feature To Help Pesticide Users With Endangered Species Act Requirements
On September 15, 2026, EPA announced a new e-mail subscription feature, added to its Bulletins Live! Two (BLT) web page, allowing pesticide users and other stakeholders to receive quicker updates from the BLT system. EPA states it developed this feature in direct response to requests from pesticide users who asked for better access to BLT updates. With this feature, whenever Endangered Species Act (ESA) requirements are updated in the BLT system, subscribed pesticide users or stakeholders will receive an e-mail with the latest information. BLT is a web-based application from EPA that provides geographically specific pesticide use limitations to protect threatened and endangered (listed) species and their critical habitats, as part of EPA’s Endangered Species Protection Program. More information is available in our blog item.
EPA And HHS Announce New Scientific Partnership To Strengthen Glyphosate Review
On September 22, 2026, EPA announced a new interagency Memorandum of Understanding (MOU) with the U.S. Department of Health and Human Services (HHS). The MOU is intended to strengthen scientific coordination and expand the evidence available to EPA’s ongoing registration review of glyphosate under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Under the MOU, EPA and HHS will exchange scientific information, identify research gaps, and expand research into potential human health effects. The MOU creates no new authorities, and EPA retains sole review responsibility for registration decisions under FIFRA. The agreement allows HHS to contribute important research capacity and scientific knowledge that EPA will weigh at its discretion. More information on the MOU is available in our blog item.
EPA Announces The Availability Of The Final 4-CPA Registration Review Decision Before The Registration Review Deadline
On September 28, 2026, EPA released the Final Registration Review Decision for 4-chlorophenoxyacetic acid (4-CPA). 91 Fed. Reg. 61228. FIFRA mandates a periodic review of existing pesticide registrations every 15 years, referred to as registration review. During registration review, EPA determines whether a currently registered pesticide continues to meet FIFRA’s registration standard. 4-CPA is a synthetic auxin registered for use as a plant growth regulator (PGR) to restrict root growth during seed germination of mung beans (Vigna radiata). EPA evaluated the dietary, occupational, residential, and aggregate risks that may result from the currently registered uses of 4-CPA. EPA did not identify risks from the currently registered products containing 4-CPA. Under the Federal Food, Drug, and Cosmetic Act (FFDCA), EPA establishes pesticide tolerances (maximum residue limits) on food when it determines there is a “reasonable certainty that no harm will result from aggregate exposure to the pesticide residue” when used according to its label. EPA also considered the benefits of continued registration and found that this pesticide is useful in aiding in the production of desirable mung bean sprouts by limiting root growth.
EPA found no risks of concern to any non-target taxa from the continued registration of products containing 4-CPA. With limited human health and environmental exposure and no risks of concern, EPA determined that no risk mitigation is needed. EPA, however, has identified a label clarification to support EPA’s exposure assumptions that the product is “for indoor use only.” More information is available in our October 8, 2026, blog item.
EPA Publishes Guidance On Surfactant Reference Values Based On New Approach Methods
EPA recently published four documents relating to New Approach Methods (NAM) to the New Chemicals Division (NCD) Reference Library. The most recent tranche of documents posted to the NCD Reference Library encompasses NAMs for assessing potential human health hazards of surfactants:
- Memorandum: Implementation of a New Approach Method for Human Health Risk Assessment for Surfactants;
In these documents, NCD outlines a refined approach for inhalation risk assessment for surfactants using the MucilAirTM three-dimensional human airway epithelial model, which was favorably peer-reviewed by the FIFRA Scientific Advisory Panel (SAP) in 2018. EPA derives human-relevant points of departures (POD) for respiratory irritation for two reference surfactants: the nonionic surfactant Triton X-100 and the anionic surfactant oleoyl sarcosine. The human equivalent concentrations (HEC) derived from the MucilAirTM assay will be used to assess portal-of-entry respiratory irritation for new chemical substances that are nonionic and anionic/zwitterionic surfactants. EPA also indicates in the implementation memorandum an intent to “continue to incorporate a broader range of structurally diverse surfactant analogues as human-relevant data become available.”
EPA Proposes To Extend Certain Compliance Dates For TCE TSCA Risk Management Rule
EPA proposed on October 14, 2026, to extend certain compliance dates applicable to certain entities subject to the regulation of trichloroethylene (TCE) under TSCA until December 31, 2027, including for certain chemical processors in meeting the prohibition compliance deadline for the processing of TCE, industrial and commercial use of TCE as a processing aid, and associated wastewater disposal; and for refrigerant manufacturers in meeting the compliance deadline for phasing down TCE feedstock in the production of HFC-134a. 91 Fed. Reg. 65148. EPA states that this proposed compliance extension would allow for necessary and reasonable transition periods for regulated entities under TSCA Section 6(d). Comments are due November 13, 2026.
EPA Issues Final SNURs For Certain Chemical Substances
On October 15, 2026, EPA issued final significant new use rules (SNUR) under TSCA for certain chemical substances that were the subject of premanufacture notices (PMN) and are also subject to an Order issued by EPA pursuant to TSCA. 91 Fed. Reg. 65461. The SNURs require persons to notify EPA at least 90 days before commencing the manufacture (defined by statute to include import) or processing of any of these chemical substances for an activity that is designated as a significant new use in the SNUR. The required notification initiates EPA’s evaluation of the conditions of that use for that chemical substance. In addition, the manufacture or processing for the significant new use may not commence until EPA has conducted a review of the required notification; made an appropriate determination regarding that notification; and taken such actions as required by that determination. The final SNURs will be effective December 14, 2026. EPA states that for purposes of judicial review, the SNURs “shall be promulgated at 1 p.m. (EST) on October 29, 2026.”
Compliance With Bilingual Labeling Requirements For Antimicrobial And Non-Agricultural Products With Acute Toxicity Category I Is December 29, 2026
The December 29, 2026,deadline for bilingual labeling compliance for antimicrobial and non-agricultural pesticide products in Acute Toxicity Category I (the highest toxicity category) is fast approaching. The Pesticide Registration Improvement Act of 2022 (PRIA 5), enacted on December 29, 2022, amended FIFRA requiring Spanish language translation for the health and safety sections of the end-use product (EP) labels released for shipment where translation is available in EPA’s Spanish Translation Guide for Pesticide Labeling (Guide). Compliance with EPA’s future requirement for bilingual labeling for antimicrobial and non-agricultural pesticide products in Acute Toxicity Category II is due on December 29, 2028, and January 28, 2029, for compliance reporting in MyPeST. More information on the bilingual labeling requirements is available in our October 6, 2026, blog item.
RCRA/CERCLA/CWA/CAA/PHMSA/SDWA
PHMSA Amends HMR To Incorporate ASME Code Section XII And The National Board Inspection Code
On September 28, 2026, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published a final rule amending the Hazardous Materials Regulations (HMR) to incorporate by reference and authorize the use of the 2015 edition of the American Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel Code, Section XII — Rules for Construction and Continued Service of Transport Tanks for the construction and continued service of certain specification cargo tank motor vehicles (CTMV), cryogenic portable tanks, and multi-unit tank car tanks. 91 Fed. Reg. 61144. The final rule also amends the HMR to incorporate by reference and authorize the use of the 2015 edition of the National Board of Boiler and Pressure Vessel Inspectors National Board Inspection Code, Parts 2 and 3 (including Supplement 6) as it applies to the continued service of transport packagings constructed to ASME Section XII standards, as well as for existing CTMVs constructed in accordance with ASME requirements and the HMR. PHMSA states that it “finds these updates will result in cost savings and increased regulatory flexibility without compromising safety.” The effective date is October 28, 2026. The voluntary compliance date is September 28, 2026. The incorporation by reference of the publications listed in the rule is approved by the Director of the Federal Register as of October 28, 2026.
EPA Extends Compliance Date For CWA Hazardous Substance Facility Response Plans
On October 13, 2026, EPA issued a final rule extending the compliance date for Facility Response Plans (FRP) required by the Clean Water Act (CWA) addressing potential worst-case discharges of CWA hazardous substances. 91 Fed. Reg. 64774. EPA notes that these requirements apply to onshore non-transportation-related facilities that could reasonably be expected to cause substantial harm to the environment from a CWA hazardous substance worst-case discharge to navigable waters, adjoining shorelines, or the exclusive economic zone. The final rule also removes references to climate change and environmental justice in the FRP requirements to align with Executive Order (EO) 14148 of January 20, 2025. EPA states that it is revising the compliance deadlines “in light of serious concerns that facilities may be unable to comply with the relevant requirements by the existing deadline.” According to EPA, the changes are necessary to allow it to consider implementation and compliance assistance tools that regulated facilities may be able to take advantage of when complying with the new requirements, and to ensure proper planning for all communities while promoting a science-based and risk-based approach to planning. EPA “also recognizes that a delay would provide time for EPA to consider whether revisions are necessary before facilities must comply.” The final rule will be effective December 14, 2026.
EPA Extends Reporting Deadline Under GHG Reporting Rule For Reporting Year 2025 To March 10, 2027
On October 14, 2026, EPA issued an interim final rule to extend the reporting deadline under the Greenhouse Gas (GHG) Reporting Rule for reporting year 2025 data from October 30, 2026, to March 10, 2027. 91 Fed. Reg. 65112. EPA notes that the interim final rule changes only the reporting deadline for annual GHG reports for reporting year 2025 and makes no other changes to the rule. EPA requests comments on all aspects of this interim final rule. The interim final rule was effective October 14, 2026. Comments on this rule are due November 30, 2026.
PHMSA Will Hold Webinar On Introduction To Hazardous Materials Training Requirements
PHMSA will hold a webinar on October 28, 2026, at 1:00 p.m. (EDT) on hazardous materials training requirements. According to PHMSA, the webinar will guide participants through training requirements in the HMR, identify employees who must be trained, and provide education to enable hazardous material employers to decide what type of training and training environment may be best for their employees. PHMSA will provide information on recurring training, documentation, and record retention.
FDA
FDA Releases Transparency Roadmap
On October 2, 2206, the U.S. Food and Drug Administration (FDA) released an FDA Voices communication entitled “Transparency Roadmap.” FDA states that the roadmap “reflects the agency’s intention to maximize disclosure, guided by what is appropriate and good for public health. It was shaped by soliciting ideas and expertise from innovators across the agency, and it may continue to evolve as we seek the best ways to inform the public and protect public health while maintaining IP protections that cultivate a healthy innovation environment.” The initiative appears to focus mainly on increasing transparency for drug products.
FDA Issues Final Rule For Sodium In Food
On October 13, 2026, FDA issued a final rule titled “Use of Salt Substitutes To Reduce the Sodium Content in Standardized Foods” to permit the use of salt substitutes in standardized foods. 91 Fed. Reg. 65040. FDA notes that the rule “will help support a healthier food supply by providing flexibility to facilitate industry innovation in the production of standardized foods lower in sodium while maintaining the basic nature and essential characteristics of the foods.” The final rule results in amendments to 80 standards of identity (SOI) to define salt substitute. This rule is effective December 14, 2026. The incorporation by reference of certain material listed in this rule is approved by the Director of the Federal Register as of December 14, 2026. Submit either electronic or written/paper objections or requests for a hearing on amendments to SOIs for dairy products in Parts 131 and 133 (21 C.F.R. Parts 131 and 133) under this final rule by November 12, 2026.
NANOTECHNOLOGY
EUON Study Identifies Knowledge Gaps On Nanomaterials Used In Flame Retardants
The EU Observatory for Nanomaterials (EUON) announced on September 24, 2026, the release of a new study that reviews the use of nanomaterials in flame retardants. On behalf of the European Chemicals Agency (ECHA) and EUON, researchers combined “a structured systematic review of scientific literature, an extensive analysis of grey literature and input from a stakeholder survey, using a transparent methodology aligned with the European Food Safety Authority guidance and PRISMA principles.” The study concludes that nano-enabled flame retardants are “technologically promising but regulatorily complex, and that improved data generation, harmonised reporting and greater integration of life-cycle considerations are needed to support safe and sustainable innovation” in the EU.
BIOBASED/RENEWABLE PRODUCTS/SUSTAINABILITY
B&C® Biobased And Sustainable Chemicals Blog
For access to a summary of key legislative, regulatory, and business developments in biobased chemicals, biofuels, and industrial biotechnology, go to https://www.lawbc.com/brand/bioblog/.
PUBLIC POLICY AND REGULATION
Public Policy And Regulation Blog®
Our insights on policy developments affecting industrial and agricultural chemicals and the products in which they are included are available at https://www.lawbc.com/brand/publicpolicyblog/.
PRODUCT STEWARDSHIP
Product Stewardship Blog™
Product stewardship has emerged as a defining standard against which to measure chemical product excellence.This blog focuses on legal, policy, and voluntary stewardship initiatives affecting the design, manufacture, marketing, and end-of-life management of products. To read about product stewardship initiatives, go to https://www.lawbc.com/brand/productstewardshipblog/.
LEGISLATIVE
Bicameral Legislation Would Compensate Firefighter Families Impacted By PFAS-Related Illnesses
The Firefighter PFAS Injury Compensation Act of 2026 (H.R. 10462, S. 5410) was introduced in the House and Senate on September 16, 2026. According to Representative Darren Soto’s (D-FL) September 24, 2026, press release, the bill would compensate firefighters and families who have suffered from injuries or have died from per- and polyfluoroalkyl substances (PFAS)-related conditions. The bill would direct HHS to establish a program under which eligible firefighters and their families “can file a claim to seek timely, uniform, and adequate compensation.”
Bipartisan, Bicameral Legislation Would Protect Wildland Firefighters’ Health
On September 17, 2026, the Wildland Firefighter Health and Safety Act (H.R. 10492, S. 5433) was introduced in the House and Senate. According to Representative Maxine Dexter, M.D.’s (D-OR) September 17, 2026, press release, the “bipartisan, bicameral legislation [would] protect wildland firefighters from the serious health risks associated with smoke, toxic substances and other hazards they encounter on the job.” The legislation would establish federal respiratory protection standards, strengthen long-term health monitoring, improve decontamination practices following exposure to smoke or PFAS, and ensure firefighters have better support when seeking federal workers’ compensation for job-related illnesses.
Senate Bill Would Ban PFAS In Food Packaging
On September 24, 2026, Senators Maggie Hassan (D-NH) and Tommy Tuberville (R-AL) reintroduced the Keep Food Containers Safe from PFAS Act of 2026 (S. 5516) to ban PFAS in food wrappers and packaging. According to Hassan’s September 26, 2026, press release, “PFAS chemicals, which are sometimes used in food wrappers to repel grease, oil, and water, are linked to serious health challenges in humans, including cancer.” The press release notes that Hassan first introduced the Keep Food Containers Safe from PFAS Act in 2021. The press release states that following her efforts, “several major fast food restaurants — including Burger King, Chick-Fil-A, and Starbucks — voluntarily announced that they would phase out PFAS chemicals from their food packaging.”
Bipartisan Senate Bill Would Require DOD To Accelerate PFAS Cleanup At Military Installations
The PFAS RAPID Response Act (S. 5555), introduced by Senator Gary Peters (D-MI) on September 24, 2026, would require the U.S. Department of Defense (DOD) to accelerate the cleanup of PFAS contamination at military installations across the United States. According to Peters’s September 24, 2026, press release, the bill “comes after the Trump Administration has repeatedly pushed back the timeline for PFAS remediation efforts at more than 300 DOD sites nationwide, with some projects being delayed up to 40 years.” The press release states that the bill would require DOD to initiate PFAS remedial actions at no fewer than 100 military installations within the next two years. The press release notes that the bill expands upon a provision Peters secured in the national defense bill advanced by the Senate Armed Services Committee in June by increasing the number of sites at which DOD must take immediate action.
Companion Bill To Senate Safer Choice Program Authorization Act Introduced In The House
On September 24, 2026, Representatives Scott Peters (D-CA) and Mariannette Miller-Meeks, M.D. (R-IA) introduced the Safer Choice Program Authorization Act (H.R. 10591), legislation to codify formally and strengthen EPA’s Safer Choice Program. Peters’s September 25, 2026, press release states that the bill would:
- Formally authorize EPA’s Safer Choice and Design for the Environment (DfE) programs;
- Maintain rigorous, science-based standards for participating products;
- Strengthen protections against conflicts of interest in product reviews;
- Ensure continued maintenance of EPA’s Safer Chemical Ingredients List; and
- Support transparency, stakeholder engagement, and public access to safer product information.
Senate Bill Would Ban Toxic Substances In Plastic Bottles
On September 25, 2026, Senator Peter Welch (D-VT) introduced the Banning Toxics from Plastic Bottles Act (S. 5525) to prohibit the sale of plastic beverage containers that contain toxic substances and dyes linked to adverse health and environmental impacts, including PFAS. Welch’s September 25, 2026, press release states that the bill would also create a grant fund through EPA that would provide local waste management and water infrastructure facilities with resources to address plastic pollution. The bill requires EPA to prioritize rural and historically underserved communities when issuing pollution remediation and restoration grants.
House Bill Would “Clear The Way For Public Release Of Pesticide Data”
On September 28, 2026, Representative Nancy Mace (R-SC) introduced the Pesticide Data Transparency Act (H.R. 10629) to “remove[] a legal barrier keeping the most dangerous category of pesticide use from public view.” According to Mace’s September 30, 2026, press release, under current law, certain provisions of Section 1491 of the Food, Agriculture, Conservation, and Trade Act of 1990 have been interpreted to prevent public disclosure of existing restricted-use pesticide (RUP) usage data if it would directly or indirectly reveal the identity of individual producers. The bill would:
- Strike the provision of federal law currently interpreted as a barrier to government agencies from releasing pesticide data that could identify individual producers or the locations where pesticides were applied;
- Require EPA to report to the House Committee on Energy and Commerce and the Senate Committee on Environment and Public Works within 180 days on data previously barred from public release;
- Direct EPA to include recommendations for compiling and publicly disclosing the data in a timely manner; and
- Prohibit EPA from issuing, implementing, or enforcing any regulation, guidance document, or interpretive rule that could prevent or significantly delay public disclosure.
Pesticide Transparency On Federal Land Act Introduced In The House
On September 28, 2026, Representative Nancy Mace (R-SC) introduced the Pesticide Transparency on Federal Land Act (H.R. 10630) to require federal agencies to disclose publicly pesticide applications on federal land, “providing needed transparency to taxpayer-funded land and facilities.” Mace’s September 28, 2026, press release states that the bill would direct EPA to establish a publicly accessible database documenting pesticide applications on federal land. Federal agencies would then be required to report pesticide use within five days, including where the pesticide was applied, the active ingredient used, the date of application, and the purpose of the application.
Senate Bill Would Establish National Standards For Recycled Content Claims
On September 30, 2026, Senator John Curtis (R-UT) introduced the Recycled Materials Attribution Act of 2026 (S. 5674) to establish national standards for recycled content and related environmental marketing claims. According to Curtis’s October 7, 2026, press release, the bill would:
- Establish uniform federal standards for recycled-content and related recycling claims, providing greater certainty for manufacturers and marketers operating across multiple states;
- Clarify the use of mass-balance accounting to substantiate recycled-content claims when the methodology complies with an independent third-party certification system and is supported by competent and reliable scientific evidence;
- Require the Federal Trade Commission (FTC) to update its Green Guides to reflect the standards and definitions established by the legislation; and
- Protect consumers from misleading claims by prohibiting deceptive recycled-content representations and providing FTC the authority to enforce those requirements.
MISCELLANEOUS
Analysis Of Oregon EPR Litigation: Arguments And Conclusions
On August 27, 2026, Judge Michael H. Simon issued a Findings of Fact and Conclusions of Law in the case of National Association of Wholesaler-Distributors v. Feldon, finding that Oregon’s Plastic Pollution and Recycling Modernization Act (RMA) does not violate the Dormant Commerce Clause or the Due Process Clause. Following a five-day bench trial before the U.S. District Court for the District of Oregon in July 2026, Plaintiff National Association of Wholesaler-Distributors (NAW) and Defendant Leah Feldon, Director of the Oregon Department of Environmental Quality (DEQ), submitted extensive post-trial briefing addressing a discrete number of remaining questions about the constitutionality of the RMA. Judge Simon addressed both the Dormant Commerce Clause and Due Process Clause, framed his decision around federalism, state experimentation, and judicial restraint, and repeatedly separated policy criticism from constitutional invalidity. For more information on the case and its outcome, along with our commentary, please read our September 16, 2026, memorandum.
Federal Court Grants Plaintiffs’ Motion For A Preliminary Injunction In Challenge To New Mexico’s PFAS Labeling Requirement
As reported in our July 8, 2026, memorandum, on July 1, 2026, a coalition of industry associations filed suit in the U.S. District Court for the District of New Mexico, challenging New Mexico’s May 5, 2026, final rule on PFAS in consumer products. American Chemistry Council (ACC) v. Kenney (Case No. 1:26-cv-02130). The coalition argues that the final rule is unconstitutional and that its enforcement should be permanently enjoined. On September 16, 2026, the U.S. District Court for the District of New Mexico granted the coalition’s motion for a preliminary injunction. According to the court, characterization of the label as a “consumer awareness label” rather than a “warning label” “destroy[s] the connection between the purpose of the required disclosure — to promote consumer and environmental health — and the means employed to realize that purpose, which in other instances is achieved with a warning.” If the required label is a consumer awareness label, the court asks how is New Mexico’s “purported state interest in protecting consumer and environmental health served and how are consumers to know that it may impact their health or the environment if the required label provides no such information?” The court concludes that Plaintiffs are likely to prevail on the merits. More information is available in our September 16, 2026, blog item.
NASEM Calls For Experts For Board On Chemical Sciences And Technology And Chemical Sciences Roundtable
The National Academies of Sciences, Engineering, and Medicine (NASEM) requested suggestions for experts to serve on the Board on Chemical Sciences and Technology (BCST) or as co-chairs or members on the Chemical Sciences Roundtable (CSR). According to NASEM:
- BCST works in eight areas: Basic Research; Chemical and Energy Industries; Biochemistry; Environmental Chemistry; Pharmaceutical Chemistry; Electrochemistry; National and Homeland Security; and Education and Workforce Development. BCST members foster interdisciplinary dialogue, engage with federal agencies and professional societies, and help identify new opportunities for the board’s work.
- CSR provides public engagement on topics in chemical sciences and engineering and related issues. CSR serves as a neutral forum for technical discussion and collaboration among government, industry, non-profit organizations, and academic institutions.
Suggestions for experts were due October 12, 2026. More information is available in our September 29, 2026, blog item.
ATSDR Seeks Public Comment On Draft Toxicological Profiles For Cadmium And Hexachlorocyclopentadiene
On October 1, 2026, the Agency for Toxic Substances and Disease Registry (ATSDR), within HHS, announced the opening of a docket to obtain comments on a draft of the updated Toxicological Profiles for cadmium and hexachlorocyclopentadiene. 91 Fed. Reg. 62518. ATSDR has prepared drafts of the updated Toxicological Profiles based on current understanding of the health effects and availability of new studies and other information since its initial release. According to ATSDR, it considers key studies during the profile development process, using a systematic review approach. To that end, ATSDR seeks public comments and additional information, data, research studies, or reports on the health effects of these substances. ATSDR will evaluate the quality and relevance of such data or studies for possible inclusion in the profile. Comments are due December 30, 2026.
| This Update is provided as a complimentary service to our clients and is for informational purposes. This Update may be copied or quoted, provided proper attribution is given. The contents are not intended and cannot be considered as legal advice. |