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Much speculation is growing about what to expect from the U.S. Environmental Protection Agency (EPA) in 2025 under the Trump administration. Donald Trump’s presidential campaign focused on downsizing the federal government, especially the EPA. The first Trump administration tried hard to cut the agency’s workforce and funding while working to decrease regulations it viewed as burdensome.  The new administration will likely follow a similar path, taking significant steps to roll back...

On November 21, 2024, the U.S. Environmental Protection Agency (EPA) released a draft Interim Framework for Advancing Consideration of Cumulative Impacts (Interim Framework). 89 Fed. Reg. 92125. According to EPA, the Interim Framework provides a shared reference point for EPA programs and regions as they determine when and how to analyze and consider cumulative impacts. EPA states that Agency programs will incorporate the Interim Framework “into their processes and programs, as appropriate,...

The number of per- and polyfluoroalkyl substances (PFAS) on the Toxics Release Inventory (TRI) list is expected to expand greatly. The U.S. Environmental Protection Agency (EPA) proposed on Oct. 8, 2024, to add 16 PFAS and 15 PFAS categories representing more than 100 individual PFAS subject to reporting under the Emergency Planning and Community Right-to-Know Act (EPCRA) and the Pollution Prevention Act (PPA) to comply with the National Defense Authorization Act for Fiscal Year 2020...

On November 21, 2024, the U.S. Environmental Protection Agency (EPA) announced the release of the National Strategy to Prevent Plastic Pollution: Part Three of a Series on Building a Circular Economy for All. According to EPA, together with EPA’s “National Recycling Strategy” and the “National Strategy for Reducing Food Loss and Waste and Recycling Organics,” the “National Strategy to Prevent Plastic Pollution” presents opportunities for voluntary and regulatory actions by...

On September 30, 2024, Ya-Wei (Jake) Li, Deputy Assistant Administrator for Pesticide Programs at the U.S. Environmental Protection Agency (EPA), announced that he will be leaving EPA to take a position with the U.S. Department of Interior’s (DOI) Fish and Wildlife Service (FWS) as the Assistant Director for Ecological Services. This program is responsible for how the agency conserves endangered species and many other wildlife. Li was Deputy Assistant Administrator for Pesticide Programs for...

The U.S. Environmental Protection Agency (EPA) announced on August 8, 2024, the availability of the final updated Safer Choice and Design for the Environment (DfE) Standard (the Standard). 89 Fed. Reg. 64915. According to EPA, the update includes a name change to the title of the Standard, a revision to the packaging criteria, a new certification for cleaning service providers, a new provision allowing for preterm partnership termination under exceptional circumstances, and the addition of...

The US Environmental Protection Agency (EPA) recently issued final risk management rules under the Toxic Substances Control Act (TSCA) banning certain uses of two chemicals: chrysotile asbestos and methylene chloride. The identity of these two chemicals is less important than the process by which the EPA concluded that the banned uses of these chemicals pose unreasonable risks to human health and the environment, and the nature and intrusiveness of the workplace and other restrictions the...

On May 28, 2024, comments by Lynn L. Bergeson were featured in Bloomberg Law’s article on legal challenges to the U.S. Environmental Protection Agency’s (EPA) interpretation of the Toxic Substances Control Act (TSCA). See – https://news.bloomberglaw.com/environment-and-energy/epa-chemical-rulemaking-complicated-by-challenge-to-agency-power (subscription required)...

On May 8, 2024, the U.S. Environmental Protection Agency (EPA), U.S. Food and Drug Administration (FDA), and the U.S. Department of Agriculture (USDA) released a plan to update, streamline, and clarify their regulations and oversight mechanisms for products of biotechnology. The Coordinated Framework for the Regulation of Biotechnology: Plan for Regulatory Reform under the Coordinated Framework for the Regulation of Biotechnology (the Plan) provides a roadmap for actions the agencies will take,...